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2025 Supreme(Online)(RAJ) 656

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MANINDRA MOHAN SHRIVASTAVA, UMA SHANKER VYAS
RAJESH KUMAR SHARMA S/O SH. GANPAT LAL SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


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

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