2012 Supreme(Raj) 1330
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Alok Sharma, J.
Chandgiram - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 14303 of 2011.
Decided On : 13-02-2012
Advocates:
For the Petitioner:Amit Singh Shekhawat, Advocate.
Headnote:A. Rajasthan Land Revenue Act, 1956 – S. 91 – Petitioner was using land meant for general public for his personal use – land was declared as gair mumkin johad – petitioner could not prove that he has legal possession over the land – petitioner was declared to be a trespasser and order for the removal of illegal possession with penalty was upheld by the nayab tehsildar
B. Constitution of India, 1950 Art. 226 Rajasthan Tenancy Act, 1955 – S. 16(xiv) – Authority under the Act rightly appreciated the facts holding the Petitioner to be trespasser over Gair Mumkin Land to the level of revision board – there was no lack of jurisdiction also – Writ petition was dismissed.
JUDGMENT
1. - This petition has been filed challenging the order dated 16-2-2009 passed by the Board of Revenue, Rajasthan, Ajmer, whereby the revision petition filed by the petitioner under Section 84 of the Rajasthan Land Revenue Act, 1956 (herein after `1956 Act') has been dismissed.
2. Heard learned counsel for the petitioner, and perused the material on record of the writ petition.
3. The facts of the case are that based on the report of Patwari Halka a notice under Section 91 of the 1956 Act was initiated and vide order dated 24-11-1997, passed by the Nayab Tehsildar, Sub-tehsil Malsisar, the petitioner was declared trespasser and was directed to remove his encroachment and also visited with penalty. Against the order passed by the Nayab Tehsildar, the petitioner filed first appeal before the District Collector, Jhunjhunu, and second appeal before the Revenue Appellate Authority, Sikar, Camp Jhunjhunu, but to no avail and the said appeals came to be dismissed. Against the order dated 29-8-2001, passed by the Revenue Appellate Authority Sikar, Camp Jhunjhunu, a revision petition came to be filed before the Board of Revenue, Rajasthan Ajmer. The Board found that the land encroached upon by the petitioner in khasra No.74 was a Gair Mumking Johad, used by the public at large, and there was no material before the courts below to prove that the petitioner had settled possession thereon. It was found that merely because the land in issue was close to Abadi, the petitioner was making encroachment thereon for his personal use.
4. Having heard learned counsel for the petitioner and perused the material available on record of the writ petition, I find that the petitioner has failed at all levels, and in the impugned orders of the courts below the petitioner has been found trespasser-a finding of fact-liable to be evicted under Section 91 of the 1956 Act. The impugned orders are well considered without any perversity or irregularity. There is no occasion to interfere with the impugned orders in the exercise of powers under Article 226 or 227 of the Constitution of India as no case of perversity in the finding on fact or of misdirection in law or of lack/ excess of jurisdiction has been made out as argued before this court.
5. I therefore find no force in the writ petition, and the same is dismissed.
6. Stay application also stands dismissed.Petition dismissed.
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