Hon'ble JAIN-I, J.—Heard finally with the consent of parties. 2. This Special Appeal is directed against impugned order of Single Bench dated 15th July, 2011, whereby writ petition of petitioner/appellant, has been dismissed. 3. Brief facts of the case are that appellant was in illegal occupation of public land i.e. Khasra Nos. 363 and 411Gair Mumkin Rasta situated in Village Gadi Sawai Ram, Sub Tehsil Reni, Tehsil Rajgarh, District Alwar. A notice under Section 91 of the Rajasthan Land Revenue Act was served upon the appellant, but he did not remove his encroachment, therefore, Nayab Tehsildar, Sub Tehsil Reni, vide its order dated 9th November, 1994 passed an order awarding a sentence of civil imprisonment for a period of three months in addition to an order of dispossession of the appellant and penalty of 50 times i.e. Rs.434/-. 4. Being aggrieved with the order of conviction and sentence, the appellant preferred an appeal, which was dismissed by Additional Collector, Alwar vide order dated 24th March, 1995. The appellant further preferred appeal before the Revenue Appellate Authority, which was also dismissal vide order dated 17th May, 1996. Thereafter, appellant preferred revision petition before the Revenue Board, which was also dismissed vide order dated 26th October, 1998. Feeling aggrieved with the aforesaid orders, the appellant preferred writ petition before Single Bench of this Court, which was dismissed on 15th July, 2011. 5. Submission of learned counsel for appellant is that appellant has already removed his encroachment over the land in dispute, therefore, a liberal view may be taken in the matter and the order of civil imprisonment may be set aside. He submitted that although appellant has already deposited the penalty imposed by Nayab Tehsildar, still he is ready to deposit some more amount by way of fine/compensation. 6. During pendency of appeal, counsel for appellant was directed to file an affidavit as to whether he has removed his encroachment from the land in dispute. The appellant filed his affidavit on 18th January, 2012 that he has left the possession of land in question on 11th November, 1994 and informed about it to Nayab Tehsildar, Sub Tehsil Reni. 7. Shri Mangi Lal Meena, Nayab Tehsildar, Sub Tehsil Rani filed his affidavit dated 16th July, 2012 to the effect that out of land bearing Kasra No. 373, an area of 0.01 is still under encroachment of appellant Ramavtar. 8. 7. Shri Mangi Lal Meena, Nayab Tehsildar, Sub Tehsil Rani filed his affidavit dated 16th July, 2012 to the effect that out of land bearing Kasra No. 373, an area of 0.01 is still under encroachment of appellant Ramavtar. 8. The appellant further submitted that he has removed all the encroachments and he has filed another affidavit dated 23rd August, 2012 along with report of Patwari dated 31st July, 2012 to the effect that appellant is not in possession of any part of land in dispute. Thereafter, respondents were directed to confirm the above fact. The respondents have also filed an application dated 9th October, 2012 along with report of Inspector Land Record, Tehsil Rajgarh dated 13th September, 2012 to the effect that now there is no encroachment of any part of land in dispute by appellant Ramavtar. 9. Learned counsel for respondents submitted that order of 50 times penalty was passed was back in the year 1994. He further submitted that as per affidavit of respondents dated 16th July, 2012, the appellant was in possession of an area of land measuring 0.01, therefore, some more amount of penalty may be imposed in case this Court takes a liberal view regarding setting aside civil imprisonment of three months. 10. During the course of arguments, learned counsel for both the parties agreed that for illegal encroachment of land in dispute by appellant from 1994 to 2012, a further lump sum amount of Rs. 5,000/- be imposed as penalty against appellant and in view of imposition of further amount of Rs. 5,000/- as penalty and further that the appellant has already removed his encroachment from land in dispute, therefore, order of civil imprisonment of three months awarded by Nayab Tehsildar in the year 1994 be set aside. • 11. Consequently, the Special Appeal is partly allowed; the order of Nayab Tehsildar, affirmed by Additional Collector, Revenue Appellate Authority, Revenue Board and Single Bench is modified; the order of civil imprisonment of three months to the appellant passed by Nayab Tehsildar is set aside; the appellant is directed to deposit a sum of Rs. 5,000/- more, in addition to amount of Rs. 5,000/- more, in addition to amount of Rs. 434/-, already deposited by him, within a period of one month in the office of Nayab Tehsildar, Sub Tehsil Reni, along with an undertaking to the effect that he will not again encroach upon any part of disputed land which is a public land. 12. It is made clear that in case, appellant fails to deposit the aforesaid amount of Rs. 5,000/- along with undertaking within a period of one month from today, then the order of Nayab Tehsildar of civil imprisonment of three months will be deemed have been restored automatically and appellant will be sent to Civil Jail as per order of Nayab Tehsildar. 13. Parties are directed to bear their own costs. 14. Stay application as well as I.A.No. 47472 are also disposed of.