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2011 DIGILAW 1531 (RAJ)

Ram Chandra v. State of Rajasthan

2011-07-28

DINESH MAHESHWARI

body2011
Hon'ble MAHESHWARI, J.—These matters involving similar and akin issues have been considered together; and having regard to the circumstances, at the request and with the consent of the learned counsel for the parties, are taken up for final disposal at this stage itself. 2. The short point involved in these matters is that the petitioners, who are claiming right over different pieces of land at Nagaur on the basis of either the document title (patta) from the Municipal Board, Nagaur or sale deed or possession, have filed these writ petitions questioning the impugned notices, said to have been issued by the Tehsildar, Nagaur under Section 91 of the Land Revenue Act, 1956 alleging the petitioners to be the trespassers over the agriculture land. The petitioners have questioned the impugned notice as being without jurisdiction. 3. In these petitions, while issuing notices to the respondents, this Court directed that that the petitioner's shall not be dispossessed from the land in question. 4. After having heard the learned counsel for the parties and after having perused the material placed on record, this Court is of opinion that when the Tehsildar concerned has issued the notice, it is always open for the petitioners to submit their reply and to make relevant submissions before the Tehsildar concerned who is expected to take a decision on the notice in accordance with law. So far the apprehensions of the petitioners about the attempts of their dispossession by the District Administration are concerned, when it is noticed that this Court has already passed the order for not dispossessing them from the land in question, it does appear appropriate to make such stay order absolute until the final decision of the matter by the Tehsildar concerned in accordance with law. 5. Therefore, these writ petitions are partly allowed to the extent that in each case, the petitioner shall not be dispossessed from the land in question until the final decision of the matter by the Tehsildar, Nagaur pursuant to the notice issued to the petitioner. However, the parties shall be free to proceed in accordance with law pursuant to the decision by the Tehsildar concerned. 6. For the purpose of further proceedings, the parties shall stand at notice through their respective counsel to appear before the Tehsildar, Nagaur on 30.8.2011. 7. However, the parties shall be free to proceed in accordance with law pursuant to the decision by the Tehsildar concerned. 6. For the purpose of further proceedings, the parties shall stand at notice through their respective counsel to appear before the Tehsildar, Nagaur on 30.8.2011. 7. It shall be permissible for the petitioners to file reply to the notices issued to them by the Tehsildar, Nagaur on or before their date of appearance, i.e., 30.8.2011. 8. The Tehsildar, Nagaur shall proceed with the matter in accordance with law and while keeping in view the observations made hereinabove. There shall be no orders as to costs of these petitions.