Rajasthan High Court - Jaipur
Ram Singh S/O Murli vs Tehsildar Behror on 6 November, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12671/2019
1. Ram Singh S/o Murli, By Caste Ahir, Resident Of Village
Utoli, Tehsil Behror, District Alwar (Raj.).
2. Gheesaram S/o Murli, By Caste Ahir, Resident Of Village
Utoli, Tehsil Behror, District Alwar (Raj.).
----Petitioners
Versus
Tehsildar Behror, Tehsil Behror, District Alwar (Raj.)
----Respondent
For Petitioner(s) : Mr.Gaurav Gupta
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
06/11/2019
The grievance raised by the petitioners in the present writ petition is in respect of non-compliance of the order dated 29 th June, 2016 passed by the Additional Collector (I), Alwar (Rajasthan).
Learned counsel submitted that the petitioners were issued notice under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956") on 2nd November, 2015 and on such notice, the Tehsildar, Behror passed an order dated 19 th November, 2015 directing eviction of the petitioners and further, penalty was also imposed.
Learned counsel submitted that the order dated 19 th November, 2015 was assailed and the Appellate Authority, i.e., the Additional Collector set aside the order dated 19 th November, 2015 and remanded the matter back to the Tehsildar to carry out the (Downloaded on 13/11/2019 at 10:36:10 PM) (2 of 3) [CW-12671/2019] measurement of the land and the said measurement was to be done in the presence of the petitioners after giving them adequate opportunity.
Learned counsel submitted that the order dated 29 th June, 2016 was not complied with in spite of several representations given by the petitioners.
Learned counsel submitted that the authorities once conducted survey on 20th June, 2019 but they did not carry out the measurement on the pretext of the land being adjacent to the boundaries of the State of Haryana.
Learned counsel submitted that after 20 th June, 2019, no exercise has been done as per the direction, which was issued by the Appellate Authority as back as on 29th June, 2016.
Learned counsel for the petitioners submitted that this Court is required to give direction for measurement along with the videography with regard to Khasra No.591 situated in Village Utoli, Tehsil Behror, District Alwar.
This Court finds that Section 9 of the Act of 1956 gives power to the Board of Revenue of general superintendence over all the subordinate revenue courts and all the revenue officers. The Board of Revenue has to see that the orders, which are passed by the Revenue Courts and their officers, are implemented and as such, the Board of Revenue has to exercise its power as per Section 9 of the Act of 1956.
This Court straightway cannot give any direction to carry out the measurement of the land of the petitioners. The petitioners are free to approach the Board of Revenue for invoking their power under Section 9 of the Act of 1956. It is expected of the Board of Revenue that they will consider the grievance of the (Downloaded on 13/11/2019 at 10:36:10 PM) (3 of 3) [CW-12671/2019] petitioners and would act promptly as per the power conferred on them in Section 9 of the Act of 1956.
With the aforesaid directions, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J Preeti Asopa /Himanshu/1 (Downloaded on 13/11/2019 at 10:36:10 PM) Powered by TCPDF (www.tcpdf.org)