Bhana Ram S/o Sh. Jhindu Ram v. State of Rajasthan through District Collector, Churu
2017-01-16
SANGEET LODHA
body2017
DigiLaw.ai
JUDGMENT : SANGEET LODHA, J. 1. By way of this writ petition, the petitioner is seeking directions to the Tehsildar, Rajgarh not to interfere in the peaceful possession of the petitioner over the disputed land during the pendency of the matter before the Tehsildar, Rajgarh, pursuant to remand order dated 17.12.15 passed by the District Collector, Churu. 2. Learned counsel submitted that admittedly the land in question was mutated in the name of legal heirs of Jhanda Ram including the petitioner herein on 3.6.94, which was cancelled by the Tehsildar vide order dated 4.3.97. Drawing attention of this Court to the order dated 17.12.15 passed by the District Collector, Churu, learned counsel submitted that the cancellation of the mutation has been set aside by the District Collector, Churu and the matter stands remanded to the Tehsildar, Rajgarh, for consideration afresh in accordance with law after giving an opportunity of hearing to the petitioner and thus, during the pendency of the proceedings, the notice dated 4.1.17 issued by the Tehsildar, Rajgarh, for removal of alleged encroachment on the land forming part of the road is ex facie illegal. Learned counsel submitted that without determination of the rights of the petitioner over the land in question, the action sought to be taken is absolutely unjustified. 3. I have considered the submissions of the learned counsel and perused the material on record. 4. It is to be noticed that notice dated 4.1.17, which is not even impugned in the present writ petition, has been issued by the Tehsildar, Rajgarh, pursuant to order dated 7.10.15 passed by the Sub Divisional Magistrate to the proceedings under Section 133 Cr.P.C. for removal of the encroachment made by the petitioner over a public road and a public chowk causing public nuisance and not in the mutation proceedings. Further, the revision petition preferred by the petitioner against the order passed by the Sub Divisional Magistrate, Rajgarh, stood dismissed by the Additional Session Judge, Rajgarh, vide order dated 7.10.15 and aggrieved thereby, a criminal misc. petition preferred by the petitioner under Section 482 Cr.P.C. stands dismissed by this Court vide order dated 5.12.16 passed in Criminal Misc. Petition No. 3549/16.
petition preferred by the petitioner under Section 482 Cr.P.C. stands dismissed by this Court vide order dated 5.12.16 passed in Criminal Misc. Petition No. 3549/16. Moreover, there is nothing on record suggesting as to how the order passed by the Executive Magistrate which has attained finality relates to the proceedings alleged to be pending before the Tehsildar, Rajgarh, pursuant to the remand order passed by the District Collector, Churu. Be that as it may, the matter with regard to petitioner obstructing way by encroaching over by a public way and public chowk causing public nuisance having attained finality, the action of the Tehsildar in directing the petitioner to remove the encroachment made as aforesaid cannot be faulted with. 5. No case for interference by this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India is made out. 6. The writ petition is, therefore, dismissed in limine.