HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 601/2022

1.

Kashi Ram S/o Shri Bhopala Ram, Aged About 40 Years,

Resident Of Village Somasi Tehsil And District Churu.

2.

Vinod W/o Kashi Ram, Aged About 35 Years, Resident Of

Village Somasi Tehsil And District Churu.

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.

2.

District Collector, Churu.

3.

Tehsildar (Revenue), Churu.

4.

Naib Tehsildar, Dudhwakhara, Head Office, Churu District

Churu.

----Respondents

For Petitioner(s)

:

Mr. R.S. Choudhary, through VC

JUSTICE DINESH MEHTA

Order

13/01/2022

1.

Inviting Court’s attention towards the report dated

18.12.2021, furnished pursuant to joint inspection done by

Inspector – Land Revenue; Patwari and Naib Tehsildar, Mr.

Choudhary, learned counsel for the petitioners points that the

Committee so constituted had clearly reported that the

measurement/demarcation of the land cannot be done by them

and the same be got done by Land Settlement Department.

2.

He submits that on the very same day, the Naib Tehsildar

(respondent No.4) issued a notice under section 91 of the

Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’) to

the petitioner and ignoring the detailed objection/reply submitted

(2 of 2)

[CW-601/2022]

by the petitioners, he has passed final order ignoring the fact that

he himself was a member of the four member Committee, which

had reported that measurement/demarcation of the land in

question cannot be made.

3.

He thus argues that impugned order holding the petitioners

to be an encroacher over the subject land is illegal.

4.

In the opinion of this Court, the petitioners are required to

avail statutory remedy available under section 20-A read with

section 75 of the Act of 1956 against the order dated 29.12.2021

passed by the respondent No.4.

5.

Be that as it may. Having regard to facts and circumstances

of the case, the petitioners are provided a week’s time to prefer

an appeal before the competent authority against the order dated

29.12.2021 along with stay application.

6.

Petitioners shall however not be dispossessed pursuant to

order dated 29.12.2021 upto 31.01.2022, whereafter petitioner’s

rights shall be governed by order to be passed by the appellate

authority in their stay application or the appeal.

7.

Writ petition so also stay petition stands disposed of

accordingly.

(DINESH MEHTA),J

168-Amar/-