Advocates:
['RAMAWATAR SINGH', '', 'SUMER SINGH GOUR', 'MAHENDRA', 'JASSA RAM']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 6506/2022

1.

Narayan Das Swami S/o Lachhi Das Swami, Aged About

60 Years, Resident Of Aabsar, Tehsil Sujangarhgarh

District Churu.

2.

Bhol Das S/o Shri Chundas, Aged About 50 Years, By

Caste Swami, Resident Of Aabsar, Tehsil Sujangarhgarh

District Churu.

3.

Panndas S/o Shri Jaisdas, Aged About 67 Years, By Caste

Swami, Resident Of Aabsar, Tehsil Sujangarhgarh District

Churu.

4.

Brij Lal @ Biju Ram S/o Shri Girdhari Lal, Aged About 70

Years, By Caste Darji8, Resident Of Aabsar, Tehsil

Sujangarhgarh District Churu.

5.

Sugna Ram @ Chhagna Ram S/o Shri Dola Ram, Aged

About 45 Years, Resident Of Aabsar, Tehsil Sujangarhgarh

District Churu.

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Government Of Rajasthan, Secretariat,

Rajasthan, Jaipur.

2.

The District Collector, Churu.

3.

Sub Divisional Officer, Sujangarh District Churu.

4.

Tehsildar (Revenue), Sujangarh District Churu.

5.

Gram Panchayat, Aabsar, Panchayat Samiti Sujangarh

District Churu Through Its Sarpanch.

----Respondents

For Petitioner(s)

:

Mr. R.S. Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/05/2022

This writ petition is filed by the petitioners being aggrieved

with the notices issued by the Tehsildar concerned while exercising

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[CW-6506/2022]

powers under Section 91 of the Rajasthan Land Revenue Act,

1956 (for short ‘the Act of 1956’).

Learned counsel for the petitioners has submitted that the

Tehsildar concerned has issued the aforesaid notices without

taking into consideration the fact that the petitioners’ houses are

constructed on the aabadi land of Gram Panchayat and not on the

agricultural land of the State. It is further submitted that the

Tehsildar concerned has issued notices to the petitioners without

conducting any demarcation of the aabadi land of the Gram

Panchayat concerned. It is also submitted that red marks are

made on the petitioners’ houses and they have apprehension that

part of their houses will be removed while treating the same as

encroachments.

Heard learned counsel for the petitioners.

It appears that D.B. Civil Writ Petition (PIL) No.13602/2021

was filed before this Court by one Mukna Ram, resident of Village

Aabsar, Tehsil Sujangarh, District Churu seeking directions to the

respondent-State, District Collector, Churu and the Revenue

Officials concerned for removing illegal and un-authorised

encroachments made by the encroachers on the land comprising

Khasra Nos.219, 143, 172, 586/172, 702/226, 226, 227, 442,

445, 403, 804/702 and 183 of Village Aabsar, Tehsil Sujangarh,

District Churu alleging that the said land is recorded in the

revenue record as ‘Gair Mumkin Pasture’, ‘Johad Paytan Land’ and

‘Gair Mumkin Public Way’.

This Court has disposed of the above-referred writ petition

vide order dated 01.10.2021 while observing that the respondents

are under an obligation to remove the encroachment made on the

public utility land, Gochar and Oran land etc. keeping in view the

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[CW-6506/2022]

directions issued by this Court in the case of Gulab Kothari (supra)

and directions/guidelines issued by a Coordinate Bench at Jaipur

in D.B. Civil Writ (PIL) Petition No.10819/2018 : Jagdish

Prasad Meena & Ors. Vs. State of Rajasthan & Ors. decided

on 03.01.2019. The Division Bench of this Court has ordered the

respondents to look into the representations made by the

petitioner and do the needful in accordance with law.

It appears that the Tehsildar concerned has issued the

notices under Section 91 of the Act of 1956 to the petitioners

pursuant to the directions issued by the Division Bench of this

Court in D.B. Civil Writ Petition (PIL) No.13602/2021 vide order

dated 01.10.2021.

Be that as it may, the Tehsildar/Nayab Tehsildar concerned is

expected to consider reply