PAPPU RAM RAIGER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners, by way of the present writ petition, have challenged the order dated 26.7.2019 passed by the Panchayat Samiti, Virat Nagar, Jaipur and also the order dated 26.11.2019 passed by the Additional District Collector, Kotputali, whereby the interim order passed earlier by it, was vacated and has also challenged consequential notice issued by the Panchayat Samiti, Maid dated 7.7.2020 & 04.08.2020 directing the petitioners to vacate the premises and the shops, which were found to be illegally occupied and encroached upon by them.

(2.) Learned counsel appearing for the petitioners submits that the petitioners have been running the shops since 2000 and they also had documentation with regard to their continuous possession and had moved an application for regularization of the shops on the land.

(3.) Earlier the said land bearing Khasra No.1820 was treated as Gair Mumkin Rasta, however, the SDO, Virat Nagar, Jaipur vide its judgment dated 23.6.2009 held the said land to be Gair Mumkin Abadi land and consequently, it also held that the decision regarding Gair Mumkin Abadi can only be taken by the Panchayat Samiti. Learned counsel submits that after the said orders, the petitioners have been continuously running their shops, however, the Panchayat Samiti has taken a decision on 26.7.2019 holding the petitioners as encroachers on the land, which was a government land and had not been allotted to the petitioners.