JUDGMENT Sandeep Mehta, J. - The instant intra Court appeal is directed against the order dated 24.02.2022 passed by learned Single Bench of this Court whereby, S.B. Civil Writ Petition No.4361/2010 preferred by the petitioners for assailing the enquiry report dated 16.03.2010, the order dated 30.03.2010 passed by the District Collector and the consequent notices issued to the petitioners for removal of encroachments on the land in question, was dismissed. 2. Shri Sudhir Sharma, learned counsel representing the appellants vehemently and fervently urged that the learned Single Bench committed gross error in law in dismissing the writ petition preferred by the appellants-petitioners. The appellants have constructed houses on the land in question after having duly been issued pattas thereof. The land in question falls within the Gram Panchayat Ummewala whereas the impugned proceedings have been undertaken by illegally projecting the land to be a part of aabadi of Village Gram Panchayat Sardarpura and as such, the impugned notices/orders and all subsequent proceedings sought to be undertaken in furtherance thereof, are without jurisdiction. He further urged that the appellants have spent significant amount of money in raising permanent constructions on the plots in question and have also been granted electricity and water connections by the Government authorities and thus, the enquiry report and the impugned notices whereby, the appellants were directed to remove their houses, are bad in the eyes of law and hence, the same deserve to be quashed. 3. We have heard and considered the submissions advanced by learned counsel Shri Sharma representing the appellants-petitioners and, have gone through the impugned order passed by the learned Single Bench and the record of the writ petition. 4. a perusal of the complaint forwarded by the Panchayat Samiti Sardarshahar to the Lokayukt Jaipur clearly indicates that the land in question is located in village 6 S.P.M. which falls within the area of Gram Panchayat Sardarpura. There is a clear allegation in this complaint that the appellants herein and a few others had made illegal encroachments and covered the public ways adjacent to their houses and have raised constructions thereupon thereby obstructing the public way. a complaint in this regard was also made to the District Collector by the affected villagers and in terms thereof, Panchayat Samiti Sardarshahar got conducted an enquiry wherein, the complete record was procured.
a complaint in this regard was also made to the District Collector by the affected villagers and in terms thereof, Panchayat Samiti Sardarshahar got conducted an enquiry wherein, the complete record was procured. The appellants herein were issued notices to participate in the enquiry and were required to present their respective title documents. It came to light that the appellants and similarly situated persons had been granted allotments of land admeasuring 400 to 600 Sq. yards on concessional basis whereas Rule 158 of the Rajasthan Panchayati Raj Rules, 1996 prohibits such allotment beyond 150 Sq. yards. It was also found that the Sarpanch Krishan Godara and the Secretary Prithviraj Saharan had manipulated the village map and thereafter, made the illegal allotments in favour of the appellants and similarly situated persons. Consequently, the Gram Panchayat Sardarpura issued notices to the appellants for removal of encroachments. The appellants replied to these notices claiming that they were residing on plots which were allotted to them under the duly approved site plan. However, the fact remains that the site plan itself was found to be a fabricated document after due enquiry. 5. as a consequence of the above discussion, we are of the firm view that the enquiry conducted by the competent Panchayat authorities and the order passed by the District Collector holding the appellants to be encroachers on the land in question and the consequent notices issued for removal of such encroachments, are absolutely lawful and hence, the same require no interference whatsoever in the extraordinary writ jurisdiction of this Court. The impugned order dated 24.02.2022 passed by the learned Single Bench, does not suffer from any infirmity or illegality warranting interference therein. 6. as a result, the appeal fails and is dismissed as being devoid of merit. Stay application is also rejected.