HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Civil Writ Petition No. 2343 / 2017

Villagers Of Village Bamanvas

----Petitioner

Versus

State Of Raj And Ors

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. PC Dewanda

For Respondent(s) : Mr. DV Tholia, AAG

_____________________________________________________

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

19/04/2017

This is a petition filed in public interest drawing attention of

the Court to alleged encroachments made on land comprised in

Khasra number 355/1 (original khasra number 355) situated in

Village Bamanwas, Tehsil Surajgarh, Distt. Jhunjhunu.

Learned counsel for the respondents has produced the

relevant record as per which 60 persons have been found

encroachers upon the land in question and after initiating

proceedings under Section 91 of the Rajasthan Land Revenue Act

against such encroahcers, orders for evicting such encroachers

have been passed by the Nayab Tehsildar on March 15, 2017 in 59

matters. Thereafter in the matter of State Vs. Krishan Kumar, the

Tehsildar issued order dt. March 20, 2017 declaring one Krishan

Kumar as encroascher and evicting him from the land in question.

As regards one encroacher Miraj Ali, temporary injunction in the

(2 of 2)

[CW-2343/2017]

Civil Suit is continuing in his favour. It is also borne out from the

record that against one encroacher Farooq, the Tehsildar decided

proceedings under Section 91 of the Rajasthan Land Revenue Act

and ordered that he may be removed from the land in question.

We are satisfied that the respondents are taking action as

per law. Thus we dispose of the writ petition directing that after

the proceedings under Section 91 of the Rajasthan Land Revenue

Act, 1956 attain finality against the persons making the

encroachement, such encroachers would be removed from the

land. It is expected of the Revenue Authorities to bonafidely

defeat any proceedings initiated by the encroachers. No costs.

(SANJEEV PRAKASH SHARMA)J. (PRADEEP NANDRAJOG)C.J.

Raghu