HEMRAJ AND PREMSHANKAR Vs. DIVISIONAL COMMISSIONER KOTA

JUDGEMENT

(1.) THE respondent No. 3 Gomda son of Shri Narayan Meena resident of Chadi, Tehsil Keshoraipatan, District Bundi moved applications on 3. 2. 92 and 6. 2. 92 before the respondent No. 2, the Additional Collector, C. A. D. Kota, and requested that the land bearing Khasra Nos. 237/2 and 235/1 measuring 5 bigha & 10 biswas land was taken for land development by the Government and that on Khasra No. 235/5 measuring 2 bigha 2 biswas (Sivyachak) he is in possession from the last 40 years and that has to be regularised. He requested that Khasra No. 427 be entered in his name and the land measuring 1 bigha 5 biswa of Khasra No. 954 be declared Sivaychak so that the applicant may be dispossessed. THE application was considered and was partly allowed by the Additional Collector, C. A. D. , Kota, vide order dated 13. 5. 92 whereof it was ordered that the land measuring 1 bigha 5 biswa relating to Khasra No. 951, a Sivyachak land be got entered in the name of respondent No. 3 Gomda and further direction was made that land measuring one bigha 5 biswa of Khasra No. 954 from the side of North be reserved as Sivyachak land and directed for necessary corrections in revenue records.

(2.) THE petitioners filed as appeal against the order dated 13. 5. 92 before the Divisional Commissioner, Kota, who dismissed the appeal of the petitioner vide judgment dated 29. 8. 94. Against the order dated 13. 5. 1992 passed by the Additional Collector, C. A. D. , Kota and order dated 29. 8. 94 passed by the Divisional commissioner, Kota, the petitioner preferred the present writ petition.

(3.) HE further submits that before filing of application before Additional Collector, Kota the Dakhalnama was given to the petitioners and respondent Gomda also but no objection at that time was raised about the dispute.