Order

09/01/2025

1. Mr. Bhuwnesh Sharma, learned Additional Advocate General and Ms. Shikha Sharma, associate of Mr. G.S. Gill, learned Additional Advocate General, on advance copy, enter appearance and take notice on behalf of the respondent Nos.1 to 6 respectively. 2. Heard.

3. This PIL has been filed for issuance of direction to remove encroachment.

4. Learned counsel for the petitioners submits that even though proceedings for eviction were drawn by the Tehsildar under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’), orders were passed, the encroachment is not being removed mainly for the reason that despite demand made by the Revenue Authorities, police protection is not being made available by the police authorities.

5. After going through the contents of the petition, annexures and the documents filed along with same, we find that the Tehsildar had initiated proceedings for removal of encroachment under Section 91 of the Act of 1956, in respect of the Siwai Chak Land bearing Khasra No.407 situated at Village Sabrawali, District Dausa. Further it appears that though Tehsildar passed an order and directed removal of encroachment, the same could not be removed so far, as police protection has not been made available. This is clear from the order dated 10.09.2024 of Tehsildar, Baswa, District Dausa. Various communications including communication dated 04.10.2024 as also a memo dated 04.10.2024 of the Sub- Divisional Magistrate, Baswa, District Dausa addressed to Deputy Superintendent of Police, Police Circle, Bandikui.

6. Unless the person against whom the order of removal of encroachment has been passed, is protected by any order of stay/injunction in any proceedings constituted before any court of law or Appellate/Revisional Authority, the order relating to eviction is required to be brought to its logical conclusion.

7. If there is no order of stay/injunction submitted in the Office of Tehsildar, Baswa, District Dausa by those against whom order of eviction has been passed under Section 91 of the Act of 1956, the revenue and police authorities shall act in coordination towards removal of encroachment within a period of one month from the date of receipt of certified copy of this order by the Office of Tehsildar and Sub-Divisional Officer Police concerned.

8. With the aforesaid directions, the PIL is, accordingly, disposed of.

(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ SANJAY KUMAWAT/RAJAT/18 Powerd by TCPDF (w.tcpdf.org)