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2021 DIGILAW 1447 (RAJ)

Jagdish v. State Of Rajasthan

2021-08-11

INDRAJIT MAHANTY, VINIT KUMAR MATHUR

body2021
JUDGMENT On Applications under Section 5 of the Limitation Act: 1. For the reasons mentioned in the applications, the same are allowed and the delay in filing the appeal is condoned. The applications stand allowed accordingly. On Appeals: 2. Heard learned counsel for the respective parties. Mr. Moti Singh, learned counsel for the appellants submits that the appellants have also moved a writ application before this Court numbered as S.B. Civil Writ Petition No.3551/2020. He undertakes to withdraw the said writ application since he intents to pursue the present appeals. 3. Ms. Rekha Borana, learned AAG for the State has submitted an additional affidavit on 10.08.2021, a copy of which was served upon the learned counsel for the appellants in which statement under Annexure A/2 has been appended, which is a document prepared by the Sub-Divisional Officer of Tara Nagar, District Churu dated 07.07.2021, in terms of which the following findings have been arrived at: Øe la[;k [kljk uEcj vfrØeh ftuds ikl d`f"k Hkwfe o vkcknh Hkwfe nksuksa gSA dh Øe la[;k o dqy la[;k vfrØeh ftuds ikl dsoy d`f"k Hkwfe gSA dh Øe la[;k o dqy la[;k vfrØeh tks Hkwfeghu gSA ftuds ikl vkcknh Hkwfe Hkh ugha gSA dh Øe la[;k o dqy la[;k vfrØeh tks ckgj ls vkdj lkgok esa fuokl dj jgs gSA dh Øe la[;k o dqy la[;k foŒfoŒ 1 921 1 ls 15&15 16 ls 68&53 69&01 & 2 1959@229 1 ls 10&10 11 ls 46&36 & & 3 2079@1127 1 ls 25&25 26 ls 116&91 124 ls 132&09 117 ls 123&07 ;ksx 50 180 10 07 4. Today, a further communication of the Tehsildar dated 10.08.2021 has been produced before this Court, in which it is stated that most of the encroachments in the area have been removed by the encroachers themselves or by the State and there exists only 20 pacca houses on the said encroached land. Ms. Rekha Borana, learned AAG submits that notices have been issued to those persons, who are having pacca houses seeking their eviction therefrom. 5. Ms. Rekha Borana, learned AAG submits that notices have been issued to those persons, who are having pacca houses seeking their eviction therefrom. 5. In view of the aforesaid facts and after perusing the impugned order passed by the learned Single Judge dated 01.05.2019, we are of the considered view that ends of justice would be best served by passing the directions in the following manner:- 1) The owners of the 20 pacca houses, against whom eviction notices have been issued, are at liberty to seek appropriate statuary remedy as may be available to them in law. We grant stay of demolition of those pacca houses for a period of 15 days in order to enable the said occupants to approach the statutory authority in appeal. We further make it clear that it shall be open for the statutory authority to deal with such appeals strictly in accordance with law and dispose them of within a period of three months. The statuary authority shall not be influenced by the directions issued herein. It is further made clear that if no appeal is filed, the Administration shall be free to take appropriate action strictly in accordance with law. 2) It has been asserted in the statement as quoted herein above that the revenue authorities have determined 10 persons as being eligible for grant of house sites and it is further asserted that those 10 persons have also been allotted the house sites along with Pattas thereof. 5. In so far as 50 persons identified by the State who possess both agricultural land as well as the home sites, there cannot be any two opinion on the same that they shall not be entitled to any grant of land by the State. 6. In so far as 180 persons are concerned whom the State in its statement, as recorded herein above, has found them to be having agricultural land and no house site, it shall be open to those 180 persons to make necessary applications before the Tehsildar for grant of house site and the same shall be dealt with and disposed of by the Tehsildar, strictly in accordance with law, at an early date, preferable within a period of two months from the date of receipt of applications. We permit them to make applications withing a period of one month from today. 7. We permit them to make applications withing a period of one month from today. 7. Once again we reiterate that the Tehsildar shall be free to decide all such applications strictly in accordance with law without being influenced in any manner by the expression of any opinion herein. 8. The Registrar(Judicial) has submitted a report pursuant to the directions of this Court dated 01.05.2019. The matter be listed on 3rd September, 2021 for further orders on the said report.