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2007 DIGILAW 741 (RAJ)

Villagers of Village Manda v. State

2007-04-10

GYAN SUDHA MISRA, KHEM CHAND SHARMA

body2007
JUDGMENT 1. 1. This writ petition has been filed as a Public Interest Litigation by the villages of village Manda, Tehsil Mundawar, District Alwar alleging that certain plots of land situated in village Manda, is a Charagah (pasture) land as per the revenue record and in the vicinity of the said land, a public well exists and almost all the villagers of the village are using this well as the source of drinking water and to reach to the said well the only way available to the villagers is through the aforesaid land of Khasra No. 156. It was further stated that ,;he said plot of land is being used by the villagers also for disposal of drainage water as the rainy water is being used for the purpose of grazing of the animals by public at large of the area meaning thereby, that the land of Khasra No. 156 situated in village Manda is being used for public purpose. According to the petitioner, the said land was encroached upon by certain trespassers including one Mool Chand and in spite of the fact that the public land was encroached upon, the Gram Panchayat failed to act upon the same. 2. As the grievance raised by the petitioners is related to the use of drinking water from the well situated on the pasture land, a show cause notice was issued to the respondents to explain as to why action is not being taken by them. In the reply, it has been submitted that the Tehsildar has already initiated suo motu proceedings restraining any one from encroaching upon the land, which have already been concluded and according to the respondents, encroachments have been removed. The petitioners, however, have contradicted this version. We, therefore, called upon the Government Advocate for the respondents to explain the position as to why the villagers are still aggrieved if the encroachments have already been removed. In this context, contradictory versions have come up from which it is difficult to ensure whether any encroachment is taking place on the land in question and whether the land is a pasture land or not. However, section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act') has caught the attention of this Court which provides a remedy to evict unauthorised occupants of the land. However, section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act') has caught the attention of this Court which provides a remedy to evict unauthorised occupants of the land. This provision clearly lays down that any person who occupies or continues to occupy any land without lawful authority, shall be regarded as a trespasser and may be summarily evicted therefrom by the Tehsildar any time of his own motion or upon the application of a local authority at whose disposal such land has been placed. The provision further elaborates the procedure and the remedy to the evicted parties for removal of the unauthorised occupant. Under the circumstances if according to the respondents, there is no trespasser on the disputed land, the remedy for the petitioner obviously lies by way of taking recourse to this provision including the remedy of appeal and revision if they are evicted by the order of the Tehsildar. 3. We are conscious of the position that a public interest litigation can be entertained provided the public has no appropriate or alternative remedy for redressal of the grievance which is not the case in the instant matter. The petitioners obviously have a remedy under Section 91 of the Act and, therefore, this writ petition is being disposed of by leaving liberty to the petitioners to take recourse to Section 91 of the Act and the authority before whom the application is filed is free to take action in accordance with law. At the same time the villagers are also free to use the water In the Well for drinking purpose as it Is informed to be used by the villagers since long time and if any restraint is put by any one. the same shall not be allowed to come in the way of the villagers and they shall'be free to use the Well for the purpose of drinking water. Insofar as the allegation regarding encroachment is concerned, it shall be decided in accordance with law by the competent authority. Accordingly, the writ petition stands disposed of.Writ Petition Disposed of as above. *******