Prabhu Ram S/o. Shri Mangi Lal v. State of Rajasthan Through Secretary, Revenue Department, Government of Rajasthan, Jaipur
2022-08-02
VINIT KUMAR MATHUR
body2022
DigiLaw.ai
ORDER : 1. These writ petitions are being decided by a common order as the prayer made in these writ petitions is for quashing the General Notice dated 04/06/2010 issued by the Tehsildar, Nagaur. 2. The petitioners are the residents of the Khasras mentioned in the notice dated 04/06/2010 and they are occupying the land on the strength of Pattas, lease and other valid documents issued by the competent authorities of the Department. 3. Learned counsel for the petitioners submit that in the garb of general notice dated 04/06/2010, the peaceful possession of the petitioners is being disturbed without any reason or rhyme. Learned counsel for the petitioners submit that they are holding the pieces of land on the strength of valid documents issued by the competent authorities of the Department and on some of the lands, the construction of houses have been made by investing huge amounts. Learned counsel for the petitioners, therefore, submit that general notice issued on 04/06/2010 may be quashed. 4. Per contra, learned counsel for the respondent submits that it was noticed by the respondent-Department that number of persons were occupying the lands of the respondents de-hors the law. He submits that the notice was issued only to those persons who were either trespassers or in occupation of the land without any authority of law. He, therefore, submits that the notice dated 04/06/2010 has rightly been issued and if the petitioners are holding the valid right, title or ownership of the land, they need not worry about it. 5. I have considered the submissions made at the Bar and I have gone through the notice dated 04/06/2010 as well as the other relevant record of the case. 6. The notice dated 04/06/2010 is a general notice, which has been issued to the residents of number of Khasras shown in the notice and principally it is for those persons who are in occupation of the land without any authority of law. This Court feels that since 12 years have lapsed and the interim orders are in operation since 2010, therefore, interest of justice will be met, if the notice dated 04/06/2010 which is general in nature is quashed and set aside and the respondent Nos.3 and 4 are given liberty to proceed against those persons who are occupying the lands without any authority of law. 7.
7. In view of the discussions made above, the writ petitions are allowed. The general notice dated 04/06/2010 issued by Tehsildar, Nagaur is quashed and set aside. The respondent No.3-the Municipal Council, Nagaur and the respondent No.4-Tehsildar Nagaur are granted liberty to proceed against all those persons who are in occupation of the land without any authority of law by giving notice to all those persons individually and pass appropriate orders for eviction after following principles of natural justice. 8. Needless to say that if the persons who are in occupation of land submit the requisite documents showing their occupation of the subject pieces of land in accordance with law, the same shall be considered by the respondent Nos.3 and 4. 9. The stay applications and other pending applications, if any also stand disposed of.