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2021 Supreme(Raj) 1154

SANGEET LODHA, RAMESHWAR VYAS
Shambhu Ram Bishnoi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Devi Lal Vyas, Advocate
For the Respondents: Harshit Bhurani, Additional Government Counsel

JUDGMENT :

Sangeet Lodha, J.

1. This writ petition (PIL) is filed by the petitioner seeking directions to the respondents to remove the encroachment and restore the status of gair mumkin agore land comprising khasra No. 431 measuring 19.18 bighas and khasra No. 433 measuring 19.02 bighas of Village Sanvreej, Tehsil Phalodi, District Jodhpur.

2. Precisely, the case set out by the petitioner is that the lands ad measuring 24 bighas & 18 biswas comprising khasra No. 431 and 24 bighas & 2 biswas comprising khasra No. 433 were recorded in the revenue record as gair mumkin agore. Out of the said land, 5 bighas land in each khasra was divested by the State Government vide order dated 28.6.94 for expansion of abadi. After diversion of the land for abadi purposes as aforesaid, the Sarpanch, Gram Panchayat issued pattas to many persons including his relatives. The legality of the pattas issued was questioned before the revisional authority by one Shri Chunni Lal. The revision petition was allowed by the Additional District Collector (II), Jodhpur vide order dated 31.3.08, however, the persons who were allotted the land continued in possession. Later, Gram Panchayat, Sanvreej adopted a resolutio

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