ALI MOHD RATHER Vs. STATE

JUDGEMENT

(1.) PETITIONERS in this case have come to this court with a plea that respondent no.2 be restrained from raising any construction on that piece of land which is reserved for village proprietary body as grazing land Le Kaicharai. It is submitted that the provisions of Section 133 of the Land Revenue Act of Smvt. 1996 (1939 AD) provides that if any person has raised any construction of land which is reserved for use by the proprietary body for grazing purposes, then he can be evicted there from leaving an area of 10 marlas adjacent to him This, however is subject to the condition that he gives equivalent area in exchange from his own proprietary land

(2.) IT is submitted that in the present case, even though respondent no.2 did not make available alternate land as envisaged by Section 133 of the Act, he is being permitted to raise the construction. This construction is said to be raised illegally with the connivance of respondent no.1. When the matter came for motion hearing on 6 -7 -1988, respondent no.2 was restrained from raising any construction on the land in dispute.

(3.) OBJECTIONS have not been filed. This writ petition is accordingly disposed of with the direction that: