Disposed

Anil Kumar Yadav S/O Manohar Lal v. State of Rajasthan

Rajasthan HC10 Sept 2024CW/14695/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order by the Tehsildar initiating proceedings for removal of encroachments, holding that the order is appealable before the Collector under Section 75 of the Rajasthan Land Revenue Act, 1956. The petitioners were relegated to the statutory remedy of appeal with liberty to seek interim relief.

What did the court decide?

Dismissed without prejudice; petitioners relegated to appeal with liberty to file for interim relief.

Anil Kumar Yadav S/O Manohar Lal Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:38370]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 14695/2024

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Anil Kumar Yadav S/o Manohar Lal, Aged About 38 Years, R/o Village Sarund, Tehsil Kotputli, District Kotputli Behror (Raj.)

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Sunil Yadav S/o Manohar Lal, Aged About 34 Years, R/o Village Sarund, Tehsil Kotputli, District Kotputli Behror (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Revenue, Secretariat, Jaipur.

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District Collector, District Kotputli-Behror.

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Sub Divisional Officer, Sub Division Kotputli, District Kotputli-Behror.

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Tehsildar, Tehsil Kotputli, District Kotputli-Behror.

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Mandir Shri Narsingh Ji, Through Its Pujari, Village Sarund, Tehsil Kotputli, District Kotputli-Behror.

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----Respondents

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For Petitioner(s) : Mr. Amit Jindal Mr. Lokesh Kumar Verma For Respondent(s) :

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HON'BLE MR. JUSTICE AVNEESH JHINGAN

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Order

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10/09/2024

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This petition is filed impugning the order dated 28.08.2024 passed by the Tehsildar, Kotputali initiating the proceedings to remove encroachments in Khasra Nos. mentioned therein and for constituting the team for doing so.

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The grievance raised in the present petition is that the order under Section 91 of the Rajasthan Land Revenue Act, 1956 (for

[2024:RJ-JP:38370]

[CW-14695/2024]

(2 of 2)

short ‘Act of 1956’) was passed against Pep Singh S/o Shivdayal whereas, Tehsildar by passing the impugned order has initiated the proceedings against the petitioner by mentioning Khasra No.814 of Village Sarund. Interalia, it is contended by the counsel for the petitioner that the Act of 1956 shall not be applicable to the land-in-question.

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Under Section 75 of the Act of 1956, original order of the Tehsildar is appealable before the Collector. The impugned order is original order passed by the Tehsildar, hence appealable.

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The petition is disposed of relegating the petitioner to remedy of appeal with liberty to file an application for interim relief, if so advised.

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There is no doubt in the eventuality of the petitioner filing an appeal along with stay application, the prayer for interim protection shall be considered in accordance with law as expeditiously as possible, considering that threat of demolition is there in this case.

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(AVNEESH JHINGAN),J

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Simple Kumawat /53

Anil Kumar Yadav S/O Manohar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Kumar Yadav S/O Manohar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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