Rajasthan High Court - Jodhpur
Revataram & Ors. vs . State Of Rajasthan & Anr. on 26 November, 2015
Author: Sangeet Lodha
Bench: Sangeet Lodha
1
REVATARAM & ORS. VS. STATE OF RAJASTHAN & ANR.
(S.B.CIVIL WRIT PETITION NO.13572/15)
Dated :-26.11.15.
HON'BLE MR.JUSTICE SANGEET LODHA
Mr.Piyush Chouhan, for the petitioners.
1. This writ petition is directed against the order dated 10.9.15 passed by the Tehsildar, Shergarh in proceedings u/s 91 of the Land Revenue Act, 1956("the Act") initiated against the petitioners, whereby while imposing the penalty, the petitioners are directed to be evicted from the land measuring 2000 sq. ft. comprising khasra No.174 situated at village Dasania, alleged to be in their unauthorised occupation.
2. Learned counsel for the petitioners contended that the petitioners are in occupation of the land in question since 1984. It is submitted that the petitioners have already constructed the house over the land in question and therefore, at this stage, if they are evicted from the land, they are bound to suffer irreparable loss. However, it is not disputed by the learned counsel before this court that as per the revenue record, the land in question is oran land.
3. Indisputably, land alleged to be in unauthorised occupation of the petitioner is oran land. By virtue of provisions of Section 16 (vi) of the Act, the gair mumkin oran land being the land held for public purpose/work of public utility, no khatedari rights could 2 accrue in respect thereof. Be that as it may, the order impugned passed by the Tehsildar u/s 91 of the Act is appealable before the Collector under the provisions of Section 75 of the Act and therefore, in view of the effective and efficacious alternative remedy available to the petitioners under the relevant Statute, there is absolutely no reason as to why the petitioners should be permitted to invoke the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India.
4. The writ petition is therefore, dismissed in limine.
(SANGEET LODHA),J.
Aditya/