High Court Rajasthan High Court - Jodhpur

Rajendra Kumar vs State & Ors on 12 December, 2008

Rajasthan High Court – Jodhpur
Rajendra Kumar vs State & Ors on 12 December, 2008
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      IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR


                              O R D E R

S.B. CIVIL WRIT PETITION NO.6147/2007
(Rajendra Vs. State & Ors.)

Date of order : 12.12.2008

P R E S E N T

HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. G.J. Gupta, for the petitioner.

Heard learned counsel for the petitioner.

The case of the petitioner is that the land

was to be given to the petitioner for temporary

cultivation and for that purpose, he has deposited a

sum of Rs.49,500/- with the respondents but due to

some legal dispute raised by owner of the said land,

the possession of the said land was not given to the

petitioner though he has deposited the requisite

money. Therefore, if the land was not given to the

petitioner for temporary cultivation then, the amount

deposited by the petitioner was to be refunded to him

but repeatedly, the petitioner is approaching the

respondents for refund of his money but the

respondents are not refunding the money to the

petitioner.

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In my opinion, before approaching this Court,

the petitioner was required to file representation

before the respondents for redressal of his grievance

but he has directly approached this Court by way of

filing the present writ petition. In this view of the

matter, the petitioner is granted one opportunity to

file representation before the concerned authority –

respondent No.3 narrating all these facts. Upon

filing the said representation, the concerned

authority is directed to decide the matter with regard

to refund of money deposited by the petitioner within

a period of one month from the date of filing of

representation.

With the aforesaid observation/direction,

this writ petition is disposed of.

(GOPAL KRISHAN VYAS), J.

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