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SANDEEP MEHTA, FARJAND ALI
Bherdaan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant intra Court appeal is directed against the order dated 24.02.2022 passed by learned Single Bench of this Court whereby, S.B. Civil Writ Petition No.4361/2010 preferred by the petitioners for assailing the enquiry report dated 16.03.2010, the order dated 30.03.2010 passed by the District Collector and the consequent notices issued to the petitioners for removal of encroachments on the land in question, was dismissed.
2. Shri Sudhir Sharma, learned counsel representing the appellants vehemently and fervently urged that the learned Single Bench committed gross error in law in dismissing the writ petition preferred by the appellants-petitioners. The appellants have constructed houses on the land in question after having duly been issued pattas thereof. The land in question falls within the Gram Panchayat Ummewala whereas the impugned proceedings have been undertaken by illegally projecting the land to be a part of aabadi of Village Gram Panchayat Sardarpura and as such, the impugned notices/orders and all subsequent proceedings sought to be undertaken in furtherance thereof, are without jurisdiction. He further urged that the appellants have spent
The legality of the enquiry and the order for removal of encroachments was upheld based on evidence of illegal encroachments and manipulated allotments beyond permissible limits.
Encroachers have no right to hold the land, and the authorities can take action to remove encroachments based on due procedure and inquiry.
The encroacher has no right to hold the land in any manner whatsoever.
The statutory powers of the Gram Panchayat to take action against land encroachers and the need for citizens to have a valid title over the land to interfere with such actions.
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