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2024 Supreme(Online)(RAJ) 821
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
MOOLA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 11548 / 2024
Mr. Himanshu Bumb, Mr. D.S. Pidiyar, AAAG for Mr. S.S. Ladrecha, AAG
Dispossession of property requires valid title verification and adherence to due process before any action can be taken against occupants.
Headnote:(A) Relevant laws and sections - The court addressed issues related to property rights and dispossession under the relevant state laws governing land tenure and encroachment. (Paras 1-10)
(B) Legal principles - The court emphasized the importance of valid title/patta in determining rights over property and the necessity for due process before dispossession. (Paras 1, 6)
Facts of the case:
The petitioners possess a valid sanad/patta but face dispossession based on allegations of encroachment following a Division Bench order. (Paras 1-2)
Findings of Court:
The court directed the Tehsildar to assess the validity of the petitioners' title/patta and to stay dispossession until a determination is made. (Paras 4, 6)
Issues: The main issues included the validity of the petitioners' title/patta and the legality of the dispossession actions taken by the authorities. (Paras 1, 6)
Ratio Decidendi: The court ruled that dispossession cannot occur without proper verification of title and due process, emphasizing the need for the Tehsildar to consider evidence before making a determination. (Paras 6-8)
Result: Writ petition disposed of with directions.
1.The petitioners have approached this Court with a grievance that in spite of the fact that the petitioners are having a valid sanad/patta in their favour, the respondents are dispossessing them from their house, on the allegation of encroachment, simply because the Division Bench of this Court has passed an order dated 16.03.2021 in D.B. Civil Writ Petition No.4324/2021 (Mukesh Mul Chand Ji Purohit vs. State of Rajasthan & Ors.) observing that all the encroachment be removed.
2.Learned counsel invited Court’s attention towards the observation that has been made by the Division Bench in its order dated 21.03.2023, while hearing D.B. Writ Contempt No.433/2022 and submitted that ignoring clear observation made by Division Bench, Tehsildar and Revenue Authority are undertaking exercise to dispossess them on the allegation of encroachment.
3.Heard learned counsel for the parties and perused the material available on record, more particularly, the observation made by the Division Bench in its order dated 21.03.2023.
4.Indisputably only notices of dispossession have been issued to the petitioners and by way of interim order(s) their dispossession have been stayed.
5.All the petitioners involved in the present writ petitions are, therefore, directed to file a reply along with documentary evidence regarding their title/patta and copy of the proceedings that was undertaken such as receipt of payment etc. and a certified copy of the order instant on or before 31st July, 2024. [CW-11548/2024]
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6.The Tehsildar, Ahore shall thereafter consider each case on the basis of the reply and documentary evidence filed by each of the petitioners and record a finding as to whether these petitioners have a valid title/patta or any other possessory right. Needful exercise be done on or before 30th September, 2024. In case Tehsildar, comes to a conclusion that any of the
7. petitioner(s) is/are not having a valid title/patta, he shall issue a notice asking such occupant(s) to remove his/her/their constructions or possession within a period of 15 days from the date of issuing such notice. In case, such encroachment is not removed, the Tehsildar
8. shall be free to take appropriate proceedings in accordance with law.
9.In case, the concerned Tehsildar has any doubt about correctness or authenticity of the patta/sanad/title deeds so produced by the occupants/petitioners, he shall summon the requisite report from the Gram Panchayat, Oathwala/Vikas Adhikari, Ahore. It will be required of the Gram Panchayat to furnish the requisite details including photo-copy of the file/record relating to patta/sanad.
10.This writ petition as well as the stay petition stand disposed of with above observation/directions.
