Honble Pandey, M.—Having been aggrieved by the order of Tehsildar, Banera (Bhilwara) dated 31.7.2007 and 22.6.2007, all the three revision petitions have been filed by the revisionist Shankarlal, Ramchandra and Kalla under sec. 84 of The Land Revenue Act 1956 (in short hereinafter referred as L.R. Act.), Since a common question of law arises as to whether on the ground of unauthorised excavation on the government land, the Tehsildar is empowered to impose fine by way of penalty or punishment or not ?, they are being disposed of by this common order.

2. The factual matrix of the petitions are as follows :-

Revision Petition 2288/2008 – Ramchandra vs. State

The Tehsildar, Banera found unauthorised excavation of 36000 cub. feet of area in khasra no. 710 charagah situated in vill. Raghunathpura by Shri Ramchandra S/o Kana of the same village. Initially the Tehsildar imposed Rs. 192000/- by way of penalty. The revisionist preferred an appeal to Addl. Collector, Bhilwara who by his order dated 12.2.2007 remanded the case back to Tehsildar with a direction to take action under rules 48-52 of the Rajasthan Minor Mineral Concession Rules 1986 (referred as MMC Rules). Consequently the Tehsildar

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