[2023/RJJP/001967]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D. B. Civil Writ (PIL) Petition No. 2399/2023

Sukhi Ram S/o Sh. Raghuveer Singh, aged about 46 years, R/o

Nijampura, Jhunjhunu, Rajasthan-333026 (Mobile No.

9785210514)

----Petitioner

Versus

1.

The State of Rajasthan, through Principal Secretary,

Department of Revenue, Secretariat, Jaipur.

2.

District Collector, Jhunjhunu.

3.

Tehsildar, Tehsil Chirawa, District Jhunjhunu.

4.

Sanwarmal S/o Sh. Nathuram, R/o Nijampura, Tan

Ojatoo, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

5.

Patel S/o Sh. Nathuram, R/o Nijampura, Tan Ojatoo,

Tehsil Chirawa, District Jhunjhunu, Rajasthan.

----Respondents

For Petitioner

:

Mr. Ashish Sharma Upadhyay

Advocate.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

07/02/2023

Submission of learned counsel for the petitioner is that

despite order passed under Section 91 of the Rajasthan Land

Revenue Act, 1956 passed by the Tehsildar, Chirawa way back on

19.09.2017 and even the appeal of the encroacher having been

dismissed, encroachment is not being removed by the parties.

If an order of eviction has been passed by the Tehsildar,

Chirawa under Section 91 of the Rajasthan Land Revenue Act,

1956 and the said order has not been stayed by any higher

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court/appellate authority, the authorities are obliged under the law

to take expeditious steps to remove the encroachment without

delay.

We direct the District Collector, Jhunjhunu to examine

the matter by summoning the records from Tehsildar, Chirawa and

if it is found that the order of eviction passed by Tehsildar, Chirawa

has not been stayed in any appeal or in any proceedings in any

Court of law, steps shall be taken for removal of the encroachment

forthwith in any case within 15 days from the date of receipt of

copy of this order.

With the aforesaid directions, writ petition is,

accordingly, disposed off.

(ANIL KUMAR UPMAN),J

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

MANOJ NARWANI /29