CHIMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been placed before us on a reference made by our learned brother Hon'ble V.G. Palshikar, J. on 14-5-1999. It is a brief order, which we would like to reproduce, which is as under :-

(2.) Before answering the reference few important facts are required to be stated, which are as under :- Original petitioner - Chaman Lal son of Shri Sagar Ji has challenged in this petition the impugned order dated 13-4-1983 (Annexure 5) passed by Collector, Jalore. It is the case of the original petitioner Chiman Lal that he was in possession of the land admeasuring about 3384 sq. yards adjacent to Panchayat Samiti's Seeds Godown (Beej Godam) prior to 1972, which was used by him for his cattle and storing "Chara" for the cattle and to keep his agricultural and business vehicles. In view of his old possession over the land he applied for grant of Patta for the said land and the Gram Panchayat, Raniwada Kalan respondent No. 4 issued patta in his favour and conferred title over the land by charging a nominal amount of Rs. 69.95 after making enquiry and completing all the formalities. Annexure 1 is a copy of Patta dated 30/31-7-1972.

(3.) On 16-2-1982 the respondent No. 3, Vikas Adhikari, Panchayat Samiti, Raniwada Kalan issued notice to the petitioner calling upon him to remove the encroachment made by him on the land and handover the possession of the same to the Panchayat Samiti. According to the petitioner the same was served upon him only on 10-5-1982. However, as per the averments made in para No. 7 of the petition itself the Panchayat Samiti took over the possession of the land from the petitioner on 15-5-1982, but it was only a paper possession and he was never dispossessed from the land in question. The said land was attached in a proceeding filed under Section 145, Cr.P.C. Prior to that he filed a suit for permanent injunction against the Panchayat Samiti and others praying that they may be restrained from forcibly dispossessing him from the land in question. The said suit was pending and order of status quo was also passed therein.