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HIGH COURT OF JUDICATURE FOR RAJASTHAN
Mahendar Kumar Goyal, J
Girraj Prasad – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 5316/2022
For the Appellants/Petitioners: Abhishek Sharma
Gram Panchayats possess the jurisdiction to issue eviction notices to trespassers on Abadi land under Rule 165 of the Rajasthan Panchayat Rules, 1996, independent of the Tehsildar's powers under the Rajasthan Land Revenue Act, 1956.
Headnote:The petitioners challenged a notice issued by the Gram Panchayat for removal of encroachment from Abadi land, contending that only the Tehsildar has jurisdiction under Section 91 of the Rajasthan Land Revenue Act, 1956. The primary issue was whether the Gram Panchayat has the jurisdiction to issue an eviction notice for trespass on Abadi land. The court observed that Rule 165 of the Rajasthan Panchayat Rules, 1996, specifically authorizes a Panchayat to issue notice to trespassers in Abadi land for eviction. Accordingly, this writ petition is dismissed being devoid of merit.
| Table of Content |
|---|
| 1. challenge to gram panchayat's jurisdiction to issue encroachment notices on abadi land. (Para 1 , 2) |
| 2. statutory authorization of panchayats to evict trespassers from abadi land under rule 165. (Para 3 , 4) |
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5316/2022
1.
Girraj Prasad Son Of Late Shri Madan Lal Jaiman, Aged
About 63 Years, Resident Of Village Ghewar, Tehsil Tahla,
District Alwar.
2.
Dinesh Chand Son Of Late Shri Madan Lal Jaiman, Aged
About 58 Years, Resident Of Village Ghewar, Tehsil Tahla,
District Alwar.
3.
Mukesh Kumar Son Of Late Shri Madan Lal Jaiman, Aged
About 53 Years, Resident Of Village Ghewar, Tehsil Tahla,
District Alwar.
----Petitioners
Versus
1.
The State Of Rajasthan, Through Its Principal Secretary,
Rural Development And Panchayati Raj Department,
Secretariat, Jaipur.
2.
The District Collector, District Alwar, Alwar.
3.
Tehsildar, Tehsil Tahla, District Alwar.
4.
Sarpanch, Village Panchayat Ghewar, Tehsil Tahla, District
Alwar.
----Respondents
For Petitioner(s)
:
Mr. Abhishek Sharma
For Respondent(s)
:
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/04/2022
This writ petition has been preferred challenging the legality
and validity of the notice dated 16.03.2022 issued by the Gram
Panchayat, Ghewar, Panchayat Samiti Rajgarh requiring the
petitioners to remove the encroachment from the Abadi land.
The only contention advanced by the learned counsel for the
petitioners is that Gram Panchayat, Ghewar has no jurisdiction to
(2 of 2)
[CW-5316/2022]
issue them notice as it is Tehsildar only who is competent to issue
notice to a trespasser under Section 91 of the Rajasthan Land
Revenue Act, 1956. He, therefore, prays that the notice impugned
dated 16.03.2022 be quashed.
Heard. Considered.
Vide notice dated 16.03.2022, impugned in the writ petition,
it is alleged that the petitioners have encroached upon a part of
Abadi land. Rule 165 of the Rajasthan Panchayat Rules, 1996
authorizes a Panchayat to issue notice to trespassers in Abadi land
for eviction of land trespassed. In view thereof, its validity cannot
be permitted to be assailed on the ground of jurisdiction of
Tehsildar only under Section 91 of the Act of 1956 which operates
in different field.
Accordingly, this writ petition is dismissed being devoid of
merit.
(MAHENDAR KUMAR GOYAL),J
LAKSHYA SHARMA /60
