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2018 DIGILAW 2041 (RAJ)

Bhojraj Gurjar Son of Shri Deva Lal Gurjar v. State of Rajasthan

2018-10-04

ASHOK KUMAR GAUR

body2018
ORDER : 1. The instant petition has been filed by the petitioner seeking a direction against the respondents to make demarcation of boundaries of the petitioner land bearing khasra No.189/5 & 189/6 situated at Village Dungri Kalan, Patwar Halka-Dungri Kalan, Tehsil Malpura, District Tonk. The petitioner has pleaded in his petition that he purchased land bearing khasra No.189/5 admeasuring 2 bigha and khasra No.189/6 admeasuring 2 bigha vide two registered sale deed dt.18.03.2014 & 10.03.2014. The petitioner has pleaded himself to be khatedar tenant of the land. There are revenue entries have also been made in the revenue record which is evident from Jamabandi Samvat 2072- 2075. 2. The petitioner has pleaded that since the land of the petitioner is open from all sides and mining activities are carried out in land bearing khasra No.190, the petitioner wanted to get demarcation of his land to protect his land from mining activities. The petitioner has submitted several applications in the office of Tehsildar Malpura for demarcation of his land but no steps have been taken. 3. The petitioner has pleaded that before filing of the writ petition, he submitted application dt.04.06.2018 in the office of Tehsildar but the office of Tehsildar had refused to accept his application. 4. The petitioner has also pleaded in his petition that before approaching this Court, he had sent his representation/letters to the Collector Tonk and Sub-divisional Officer, Malpura but till date, no steps have been taken. 5. The respondents have filed reply to the writ petition and it has been asserted on their behalf that entries have been made in the Revenue record in favour of the petitioner but the petitioner is not in possession of the land at the spot as per Supurgdinama and there is difference in the present NAKSHA SHEET and apprehension of dispute at the spot. The respondents have pleaded that it is not possible at Patwari level to demarcate the land bearing khasra No.189/5 & 189/6. 6. Mr. Amit Jindal, counsel for the petitioner has submitted that there is duty of the Revenue Authorities to demarcate the land of the khatedar tenant and the applications submitted by the petitioner has not been paid any heed for demarcation of the land. 7. Learned counsel has submitted that this Court in SBCWP No.13889/2018 [Prabhu Givi & Ors. Vs. 6. Mr. Amit Jindal, counsel for the petitioner has submitted that there is duty of the Revenue Authorities to demarcate the land of the khatedar tenant and the applications submitted by the petitioner has not been paid any heed for demarcation of the land. 7. Learned counsel has submitted that this Court in SBCWP No.13889/2018 [Prabhu Givi & Ors. Vs. State of Rajasthan & Ors.] has already given direction to the State Government/authorities to decide the application which are filed under Section 111 read with Section 128 of the Rajasthan Land Revenue Act, 1956. Learned counsel has submitted that in the said case the Court has further given direction to the Additional Advocate General to see compliance of the order and further the Revenue Authorities have been directed to decide the application for demarcation of boundaries at earliest. The relevant portion of the order passed in SBCWP No.13889/2017 is reproduced hereunder:- “Learned counsel for the petitioner submits that a liberty may be given to the petitioner to approach the authorities under Section 111 read with Section 128 of the Act of 1956 so that the dispute of the boundaries between others may be settled. In view of the facts given above, this writ petition is disposed of with liberty as prayed for. In case of application under Section 111 read with Section 128 of the Act of 1956, the competent authority would expedite the hearing and pass an appropriate order at the earliest. Learned Additional Advocate General Mr.Rajendra Prasad is, however, directed to see that proper instructions are issued to the revenue authorities that as and when the application for demarcation of boundaries is received, it should be carried out at the earliest. It is to avoid litigation coming to the High Court with the report that even after the order by the Collector, office of Tehsildar is not carrying out the work of demarcation of boundaries. A copy of this order be given to learned Additional Advocate General Mr.Rajendra Prasad to instruct the State Government to carry out the direction given above.” 8. Mr. Dharmendra Pareek, Dy. Govt. Counsel has submitted that application dt.04.06.2018 said to be filed in the office of Tehsildar does not bear signature and receipts as well and as such it cannot be said that the authorities have not carried out the work for demarcation of boundaries. 9. One misc. Mr. Dharmendra Pareek, Dy. Govt. Counsel has submitted that application dt.04.06.2018 said to be filed in the office of Tehsildar does not bear signature and receipts as well and as such it cannot be said that the authorities have not carried out the work for demarcation of boundaries. 9. One misc. application No. 4/2018 has also been filed by one applicant-Yash Choudhary for becoming a party in the instant petition. The applicant has pleaded that he is khatedar tenant of the land bearing khasra No. 190 which is adjacent to the petitioner land and as such he is required to be impleaded as a party in the instant petition. This Court finds that the applicant- Yash Choudhary is not necessary party in the instant case. 10. The submissions of Mr. Laxmi Kant, counsel for applicant- Yash Choudhary is also to the effect of making demarcation of his land bearing khasra No.190 in the same area. 11. This Court finds that the applicant can also approach the Revenue Authorities for demarcation of his land as per procedure provided under the Rajasthan Land Revenue Act, 1956. 12. This Court finds that the authorities have failed to discharge their duties of not carrying out demarcation of land of the petitioner in spite of several applications being filed by him. 13. This Court deems it proper to permit the petitioner to file another application within a period of ten days before the competent authority under Section 111 read with Section 128 of the Rajasthan Land Revenue Act, 1956 and after filing the said application, the authorities are directed to decide the application for demarcation within a period of four months. Accordingly, the present writ petition stands disposed of.