proceedings of the Special Officer was set aside by this Court in judgment dated 7.11.2018 in W.P.(C) No. 40002 of 2016 and connected cases, wherein it was held by this Court that the proceedings under the Land Conservancy Act can be invoked only for the purpose of resumption or removal of encroachment from Government lands and not in respect of property owned by individuals and obtained by deeds which have been legally executed and registered in accordance with law. This Court had further held that in those cases where the individuals have raised a valid claim to the title, the State will have to institute appropriate civil proceedings to establish its title. The petitioner also relies on judgment dated 18.2.2019 of this Court in W.P. (C) No.4647 of 2019 wherein this Court had held that no restrictions can be imposed on the right of the petitioner therein to remit basic tax on the strength of title deeds subject of course to the adjudication of title if any in a properly instituted suit by the Government. Reliance is also placed on a judgment of this Court in W.P.(C) No.7641 of 2019, wherein this Court following the earlier precedents had directed the revenue authorities not to make any endorsement in any revenue certificates or other documents with regard to the claim now being raised by the Government.
