HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 4716/2022

1.

Nekiram Son Of Nemichand, Aged About 68 Years,

Resident Of Nuniya Gothda, Tehsil Chidawa, District

Jhunjhunu, Rajasthan.

2.

Ranveer Singh Son Of Bhagwanaram, Aged About 70

Years, Resident Of Nuniya Gothda, Tehsil Chidawa, District

Jhunjhunu, Rajasthan.

3.

Balveer Son Of Narayan Ram, Aged About 69 Years,

Resident Of Ajeetpura, Tehsil Chidawa, District Jhunjhunu

Rajasthan.

4.

Jan Kalyan Samiti, Mandrela, Tehsil Chidawa, District

Jhunjhunu Through Mantri Rishi Sharma.

----Petitioners

Versus

1.

State Of Rajasthan, Dwara Mukhya Sachiv, Shasan

Sachivalaya, Jaipur Rajasthan.

2.

Zila Collector, Jhunjhunu.

3.

Upkhand Adhikari, Chidawa, District Jhunjhunu.

4.

Tehsildar Chidawa, District Jhunjhunu.

----Respondents

For Petitioner(s)

:

Mr. Ved Pal Shastri, Advocate

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

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

23/05/2022

Heard.

This petition has been filed by the petitioners on the ground

that, even though, order has been passed by Tehsildar in exercise

of the powers under Section 91 of the Rajasthan Land Revenue

(2 of 2)

[CW-4716/2022]

Act, 1956 (hereinafter referred to as ‘the Act’), way back

04.08.2021, the order is not being executed.

The order passed by the Tehsildar in exercise of the powers

under Section 91 of the Act is executable under the scheme of the

Act.

There is no averment made in the writ petition, whether any

person, against whom the execution of order has been sought, has

taken recourse to remedy of the appeal provided under the law.

Therefore, at this stage, we can only observe that if the

order of eviction passed by the Tehsildar under Section 91 of the

Act has attained finality and has not been challenged and none of

the persons affected has taken recourse to remedy of the appeal

and there is no interim order, it goes without saying that the order

is required to be executed in accordance with the scheme of the

Act.

Subject to the aforesaid observations, this petition is

disposed off.

(SAMEER JAIN),J

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /2