BAPULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) . This is revision petition field under section 84 of the Rajasthan Land Revenue Act against the judgment of Settlement Officer cum R.A.A. Kota passed in appeal No. 140/2000 dated 18.7.2000. Leading facts of this revision are that initially proceedings under Section 91/90A were initiated by the Naib Tehsilder Asnawar with respect to khasra No. 1203 area 16.8. bigha. Proceedings were initialed to the extent of 17 biswa of the ground that over this small piece he has manufactured brick kilns. After trial the trial court vide its judgment dated 30.5,2000 ordered to the tune of ejectment imposing penalty plus one month civil imprisonment and forfeiting the bricks. Aggrieved from this first and second appeals were preferred to the court of Additional Collector as well as R.A.A. While deciding these appeals the lower courts had already quashed the order of civil imprisonment but maintained order for ejectment and forfeiting the bricks. Hence the present revision.

(2.) . Counsel appearing for the applicant argued that he has already evicted 17 bisvvas of land under dispute but his request is that since he has manufactured bricks with the written permission of gram panchayat Asnawar over this piece of land and he has paid rent of the land to the gram panchayat therefore prima facie he should be given opportunity to remove the manufactured bricks.

(3.) . Learned counsel for the State supported the impugned judgment.