Advocates:
['GR PUNIA', '', 'RS CHOUDHARY', 'RD POTALIA', 'JR CHAWEL']

09

S.B.Civil Writ Petition No.3229/2004

Date of Order

:

06-08-2004

HON'BLE MR. N.P.GUPTA,J.

Mr.R.S.Choudhary, for the petitioner.

Heard learned counsel for the petitioner. Perusal of Annex.9, shows that

Tehsildar was intimated about the appointment of Receiver over Khasra No.86

and 87/224, total 31 bighas 15 biswas vide order dated 8.11.2001. Then from

Annex.10, it appears that Tehsildar addressed some communication on

16.11.2001 pointing out "माम मेहराणा के ख.नं. 87/224 क भूिम तरमीम शुदा

नहं ह तथा जैन याऊ क भूिम के कजे के बारे म जानकार नहं हईु "

whereupon the SDO conveyed to Tehsildar that location of land be identified, by

recording the statement of neighbours, a direction was also given to hold a

detailed inquiry. Thereafter the Tehsildar appears to have held an inquiry by

recording evidence, and has taken possession of land, on which Receiver was

appointed. As appears from Annex.11, and specially para 5, that according to

present petitioner, Jain Pyau has given wrong statement before the Subordinate

Court, and by misleading that authority, got the land attached exparte. Look at

these averments, does show that Tehsildar did make inquiry, and did record so