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Notice issued under Section 91 of Rajasthan Land Revenue Act - The Tehsildar has the authority to issue notices to persons encroaching on government or public land, initiating proceedings for eviction. Such notices are based on investigations and reports of illegal encroachment, and they serve as a formal step before eviction orders are passed. Sources: Arjun Singh, S/o. Inder Singh VS State Of Rajasthan, Through Secretary, Department Of Revenue - 2023 0 Supreme(Raj) 596, ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"], ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"]
Legal proceedings and orders - Upon issuance of a notice, if the encroacher does not seek or obtain a stay or injunction, the Tehsildar proceeds to finalize eviction orders. Courts have upheld the validity of notices issued under Section 91, emphasizing that unless a stay is granted, authorities are obliged to act on eviction orders. Sources: Arjun Singh, S/o. Inder Singh VS State Of Rajasthan, Through Secretary, Department Of Revenue - 2023 0 Supreme(Raj) 596, ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"]
Role of higher authorities and judicial oversight - Orders passed by Tehsildars under Section 91 are subject to judicial review, but their validity remains intact unless explicitly stayed by a higher court. Courts have directed authorities to verify whether eviction orders have been stayed before proceeding with removal actions. Sources: Arjun Singh, S/o. Inder Singh VS State Of Rajasthan, Through Secretary, Department Of Revenue - 2023 0 Supreme(Raj) 596, ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"]
Procedural safeguards - Encroachers can lodge caveats to receive notices and participate in hearings. The authorities are required to follow due process, including proper investigation, demarcation, and adherence to rules, before executing eviction. Sources: Arjun Singh, S/o. Inder Singh VS State Of Rajasthan, Through Secretary, Department Of Revenue - 2023 0 Supreme(Raj) 596, ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"]
Coordination with other agencies - In cases involving pollution, environmental violations, or other specific encroachments, authorities like Pollution Control Boards or Panchayats may issue notices, but the primary authority for eviction remains the Tehsildar under Section 91. Sources: Rajendra Parsad Yadav vs Ms. Beena Yadav & Ors. - 2025 Supreme(Online)(NGT) 2091, ["NEWS ITEM TITLED RAJASTHAN EVEN ORDERS SHOULD BE DISOBEYED AND ILLEGAL MINING WAS FLOURISHED IN DAUSA DUE TO THE EFFORTS OF THE RESPONSIBLE PEOPLE APPEARING IN THE AMAR UJALA DATED 30.05.2024. VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal"]
Status of encroachment removal - Many cases involve pending or ongoing proceedings, with authorities instructed to act promptly once legal orders are in place, unless stay or stay applications are filed and granted. Courts have directed officials to verify the status of eviction orders before taking further action. Sources: Arjun Singh, S/o. Inder Singh VS State Of Rajasthan, Through Secretary, Department Of Revenue - 2023 0 Supreme(Raj) 596, ["GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN - Rajasthan"]
A notice under Section 91 of the Rajasthan Land Revenue Act is a crucial legal step for eviction due to illegal encroachment. It grants the encroacher an opportunity to respond or seek stay, but in the absence of such stay, authorities are mandated to proceed with eviction. Courts consistently uphold the validity of these notices and orders, provided procedural due process is followed. Proper investigation, demarcation, and adherence to legal procedures are essential to ensure lawful eviction, and higher courts monitor compliance to prevent illegal or arbitrary removals. All sources
Receiving a notice from the Tehsildar for eviction due to alleged illegal encroachment on land can be alarming for any landowner or occupier in Rajasthan. The question arises: Notice Issued under Section 91 of Rajasthan Land Revenue Act by the Tehsildar of any Person for Eviction from the Land which the Person has Illegal Encroachment – is this process arbitrary, or does it follow strict legal safeguards?
In this comprehensive guide, we explore the legal framework, procedural requirements, and court interpretations of Section 91 notices. Whether you're a landowner facing such a notice or seeking to understand Rajasthan's land revenue laws, this article provides clarity based on statutory provisions and judicial precedents. Note that this is general information and not specific legal advice; consult a qualified lawyer for your situation.
Section 91 of the Rajasthan Land Revenue Act, 1956, empowers the Tehsildar to initiate proceedings for the eviction of unauthorized occupants or encroachers on government or revenue land. This provision aims to protect public land from illegal occupation while balancing individual rights.
Key aspects include:- Statutory Procedure: The section outlines a structured process for eviction, not a summary or arbitrary action. Deva Ram VS State - 2022 0 Supreme(Raj) 2171- Applicability: Typically used for trespassers or encroachers without legal title.- Authority: The Tehsildar is the competent officer to issue notices and conduct inquiries. GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN
As clarified in judicial rulings, these proceedings are part of a legal framework that requires proper adjudication. Deva Ram VS State - 2022 0 Supreme(Raj) 2171 states: The scheme envisaged under the Act which comprises of Sections 91 of the Act shows that where a pakka tenant who has been dispossessed without due course of law... is at first instance required to file an application for restoration of possession before the Tehsildar under Section 91 of the Act.
Contrary to common misconceptions, Section 91 proceedings are not summary in nature. They demand factual scrutiny, evidence-based decisions, and adherence to natural justice principles.
For instance, in cases involving oran land or abadi land, Tehsildars have issued notices, but execution requires due process. SANTOSH MEGHWAL vs STATE OF RAJASTHAN notes proceedings under Section 91 for encroachment on oran land, directing execution only after proper orders.
A cornerstone of Section 91 is the opportunity to be heard. Before eviction, the occupier must receive notice specifying grounds and a chance to explain their position.
Failure to provide this can render orders invalid. In execution proceedings, notices for removal of encroachment follow Tehsildar orders declaring the person a trespasser. Bhanwar Lal VS State of Rajasthan - 2016 Supreme(Raj) 1300
If a bona fide dispute exists regarding ownership, possession, or title, summary eviction under Section 91 may not suffice. Courts emphasize resolution in appropriate forums.
Additional cases highlight this: In a 1965 notice scenario, eviction required following prescribed procedures, and re-entry post-eviction needed lawful process. RAM DAAN (dead) through lrs. VS URBAN IMPROVEMENT TRUST - 2014 Supreme(SC) 557 observes: If the respondent desires to evict the appellant again same must be done in accordance with law by initiating appropriate proceedings.
Panchayats may issue notices for abadi land under related rules, but Tehsildar handles Section 91. GIRRAJ PRASAD SON OF LATE SHRI MADAN LAL JAIMAN Vs THE STATE OF RAJASTHAN
Judicial oversight ensures procedural fairness:
In a suit for injunction against dispossession, courts rejected claims without proven title, upholding Tehsildar notices. Bacchu Singh VS State of Rajasthan through District Collector, Bharatpur - 2013 Supreme(Raj) 1203 details: The cause of action to file the suit arose when Tehsildar, Kumher, issued a notice under Section 91... holding that the patta of the land in dispute was in fact issued on a Government land.
Writ petitions against notices may be dismissed if remedies exist before revenue courts. Constitution Article 226 limits interference if alternate remedies available.
While Section 91 streamlines eviction:
Recommendations:- Respond promptly to notices with evidence of title.- Seek legal aid for appeals to Collector or Board of Revenue.- Approach civil courts for title disputes.- Authorities: Ensure clear notices and hearings. Govind Son Of Shivlal VS State Of Rajasthan - 2019 0 Supreme(Raj) 1020
Notices under Section 91 by the Tehsildar for illegal encroachment eviction are lawful tools but must follow procedural rigor. They provide opportunities for defense, ensuring fairness. Courts consistently protect against arbitrary actions, as seen in rulings like Jagdish Chandra S/o Kishore Ji VS State of Rajasthan - 2024 0 Supreme(Raj) 935 and Deva Ram VS State - 2022 0 Supreme(Raj) 2171,
Key Takeaways:- Always demand and exercise your right to hearing.- Challenge flawed orders through appeals.- Resolve title disputes in proper forums.- Regularization policies may apply in some cases. RAM DAAN (dead) through lrs. VS URBAN IMPROVEMENT TRUST - 2014 Supreme(SC) 557
In conclusion, while encroachments undermine land revenue systems, Section 91 balances enforcement with rights protection. If facing such a notice, act swiftly with professional guidance. This overview draws from established precedents; individual cases vary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and interpretations may evolve; consult a Rajasthan land law expert for personalized counsel.
#RajasthanLandLaw, #EncroachmentEviction, #Section91Act
Rajasthan Land Revenue Act, 1956 - Section 91 - Rajasthan High Court Rules, 1952 - Rule 134 and 159 (3) ... are in illegal occupants of the government land and, therefore, the Tehsildar has already initiated proceedings under Section 91 of the Rajasthan Land Revenue Act and also passed evi....
Learned counsel for the petitioners submits that even though proceedings for eviction were drawn by the Tehsildar under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’), orders were passed, the encroachment is not being removed mainly for the reason that despite demand ... If there is ....
Finding of the Court: The court found that the Tehsildar had already initiated proceedings under Section ... Having gone through the record of the case, this Court finds that proceedings under section 91 of the Rajasthan Land Revenue Act, 1956 has been initiated/finalised by the official respondents against the persons who have been found to be in illegal#HL_E....
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 [2023/RJJP ... JUSTICE ANIL KUMAR UPMAN Order 07/02/2023 Submission of learned counsel for the petitioner is that despite order passed under ....
as it is Tehsildar only who is competent to issue notice to a trespasser under Section 91 of the Rajasthan Land Revenue Act, 1956. ... Rule 165 of the Rajasthan Panchayat Rules, 1996 authorizes a Panchayat to issue notice to trespassers in Abadi land for eviction of #HL....
of Rajasthan Land Revenue Act, 1956 (‘the Act of 1956’), has been encroachment made on the oran land, the details whereof are set over the oran land. ... , Gira, District Barmer to execute the orders dated 28.7.20 and 29.7.20 passed in the proceedings under Section 91 was passed, were not requir....
Further submission of the respondent are that a case no. 32/2024 dated 15.03.2024 was registered in the court of Tehsildar Neemrana, District Kotputli-Behror, Rajasthan against Rajendra Prasad under Section 91 of the Rajasthan Land Revenue Act, 1956 and the applicant was found ... A notice for intended closure was issued#HL_....
The report of the committee discloses that there is no soil mining carried in recent past and that the encroachment of land have been taken into cognizance by the State Authorities and action under Section 91 of Land Revenue Act, 1951 has been initiated to take action according to rules. ... During joint committee visit it was reported by the farmer that it happened unk....
The proceedings were initiated under Section 91 of the Rajasthan Land Revenue Act, 1956 and dismissed. ... The State Of Rajasthan, Through The Secretary, Revenue Department, Government Of Rajasthan, Jaipur. ... The Tehsildar, Bheem, District Rajsamand.
91 of the Rajasthan Land Revenue Act, notices under Section 91 of the Act of 1956 to the petitioners pursuant to the directions ... under Section 91 of the Act of 1956 and if requires so, may also demarcate the aabadi ... Revenue, Government Of Rajasthan#HL_E....
Execution proceeding of the order dated 25.09.2013 has been filed before the Tehsildar (Revenue), Nokha and in the said execution proceeding, order for removal of encroachment of the petitioner has been passed pursuant to which the notice (Annex-3) has been issued. 4. In the proceedings initiated under Section 91 of the Rajasthan Land Revenue Act of 1956, the order of eviction has been issued by the Tehsildar while declaring the petitioner as tresspasser over the Government land.#HL_....
Two facts demolish the conclusion of the High Court. In the year 1965, a notice was issued to the appellant seeking to evict him under Section 91 of the Rajasthan Land Revenue Act. Secondly, the fact that even according to the written statement the appellant was offered under the policy of the State to regularise the occupation of the appellant a part of the suit scheduled property to the extent of 1808 sq yd.
The plaintiff-appellant raised construction over it. The cause of action to file the suit arose when Tehsildar, Kumher, issued a notice under Section 91 of the Rajasthan Land Revenue Act for dispossession. The trial court framed as many as five issues and decided all of them against the plaintiff-appellant holding that the patta of the land in dispute was in fact issued on a Government land, which was recalled.
An appeal was filed before the Collector against the order of Tehsildar. The Collector upheld the order of Tehsildar by its order dated 09.08.1990. Revenue Authorities felt that petitioners are trespassers and a notice under Section 91 of the Rajasthan Land revenue Act, 1956 [hereinafter referred as the Act of 1956] was issued. The appellant petitioners claim Khatedari rights on 27 Bighas of land which is situated in proximity of the lands allotted to the Housing Board.
Relevant for the present purpose is Section 183 of the Rajasthan Tenancy Act which provides for ejectment of certain trespassers. The trespasser has been defined under Section 5(44) to mean a person who takes or retains possession of land without authority or who prevents another person from occupying land duly let out to him. Sub-section (2) of Section 183 provides that in case of land which is held directly from the State Government or to which the State Government, acting through ....
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