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2021 Supreme(Raj) 1134

SANGEET LODHA, RAMESHWAR VYAS
Mohan Ram – Appellant
Versus
State of Rajasthan, Through Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Hapu Ram
For the Respondent: Ms. Rekha Borana, AAG with Mr. Saransh Vij Mr. Suniel Purohit

JUDGMENT :

SANGEET LODHA, J.

By way of this writ petition, the petitioners are seeking directions to the respondent to remove the encroachments made on the land comprising khasra no. 509 & 299 of Village-Dhandhaniya Bhayala, Tehsil-Balesar, District-Jodhpur recorded in the revenue record as pasture land' and ‘gair mumkin nadi’ respectively.

2. Precisely, the case set out by the petitioners is that the Gram Panchayat, Dhandhaniya Bhayala in its meeting held on 22.5.2017 resolved to remove the encroachments made on the pasture land comprising khasra no. 509 and agore land of Gawai Nadi comprising khasra no. 299. Pursuant thereto, while taking proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short “the Act of 1956”), the Tehsildar, Balesar passed the order for removal of the encroachments and recovery of the fine from the persons in unauthorised occupation. However, the order passed was not enforced and the encroachers have raised unauthorised constructions. It is submitted that the sanction was issued for development work of Gawai Nadi but the work sanctioned could not be executed on account of existing encroachments.

3. A reply to the writ petition has been file

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