AMRING Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This case has a checkered history.

(2.) The petitioner was in possession as trespasser on three bighas agricultural land of Khasra No. 203 MIN situated in village Devli. Proceedings Under Sec. 91 of the Land Revenue Act were initiated against, him as back as in the year 1969 and after receiving the report of the Halka Patwari the Additional Tehsildar, Girwa by order Anx. 1 came to the conclusion that he was recorded as trespasser in the concerned register of Patwari since 1958 and instead of proceedings Under Sec. 91 of the Act he must be given Khatedari right. However, no steps were taken on Anx. 1 but the proceedings Under Sec. 91 of the Act were initiated time and again. Vide Anx. 4 dated 9.5.1994 Tehsildar, Girwa after discussing the matter in all details came to the conclusion that on the basis of Anx. 1 which is a certified photocopy issued by Tehsildar, Girwa no rights can be conferred on the above land in favour of the petitioner. The concerned file was also reported to have been weeded out. By then the petitioner was pursuing the matter. He was held trespasser and asked to deposit 40% of the revenue. Aggrieved against the order Anx. 4 the petitioner filed an appeal before Additional Collector, Udaipur which was also dismissed vide Anx. 5. Appeals filed before the Revenue Appellate Authority, Udaipur and the Board of Revenue, Ajmer were also dismissed vide Anx. 6 and Anx. 8 respectively. Hence this petition Under Article 226 of the Constitution of India.

(3.) Learned Counsel for the petitioner stated that even if Tehsildar, Girwa may not have power to confer Khatedari rights to the petitioner, however, the fact that the petitioner was in possession of the suit land even as trespasser since the year 1958, Khatedari rights should have been conferred to him after 1969.