Vijay Bishnoi, J.

This writ petition has been filed by the petitioner with a prayer for quashing the notice dated 09.06.2016 (Annex-3) issued by the Tehsildar (Revenue), Nokha directing the petitioner to remove his encroachment over the land. It appears that proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 were initiated against the petitioner and vide order dated 25.09.2013 while treating the petitioner as tresspasser order of eviction from the Government land has been passed. The notice dated 09.06.2016 (Annex-3) was issued by the Tehsildar in the execution proceedings of the order dated 25.09.2013.

2. Learned counsel for the petitioner has submitted that though the petitioner had remedy to file an appeal against the order dated 25.09.2013 passed in the proceedings under Section 91 of 'the Act of 1956', but, since the notice of eviction has been issued by the Tehsildar, Nokha, he has filed this writ petition challenging the said notice because the limitation for filing of the appeal against the order dated 25.09.2013 had already expired. It is also submitted that the matter regarding declaration of the Government land as 'aabadi land' is pending consideration with the Collector and, therefore, the notice (Annex-3) is illegal and the same is liable to be set aside.

3. Heard learned counsel for the petitioner and perused the material available on record.

4. In the proceedings initiated under Section 91 of the Rajasthan Land Revenue Act of 1956, the order of eviction has been issued by the Tehsildar while declaring the petitioner as tresspasser over the Government land. Execution proceeding of the order dated 25.09.2013 has been filed before the Tehsildar (Revenue), Nokha and in the said execution proceeding, order for removal of encroachment of the petitioner has been passed pursuant to which the notice (Annex-3) has been issued.

5. In view of the availability of remedy of an appeal against the order dated 25.09.2013 passed by the Tehsildar (Revenue), Nokha the present writ petition filed by the petitioner is not maintainable.

6. The petitioner is free to file an appeal before the Competent Authority and is also free to pray for an interim relief in the said appeal.

7. In view of above discussion, I do not find any merit in this writ petition.

The same is, therefore, dismissed.