Advocates:
For the Appellants/Petitioners: Abhishek Sharma

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