MITHE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner herein, while asserting that he is in possession of the agricultural land as comprised in khasras Nos. 697/927 and 115/1 of Gramdani Village Bherwa, District Jaisalmer, has filed this writ petition stating the grievance that the respondents have not regularised the land in his favour despite himself being in possession for over 22 years; and that he is sought to be dispossessed without due process of law and without opportunity of hearing.

(2.) FROM the averments as taken in the petition, the case of the petitioner is that he is living at the land in question with his family after constructing a Jhupa and water tank. It is submitted that in the year 2003, the respondents tried to dispossess the petitioner and in the circumstances, he approached the higher revenue authorities and, after their intervention, the respondent No. 2 [the Chairman, Gramdhani Village Bherwa] closed the chapter but did not regularise the land in question in favour of the petitioner. It is also submitted that in the year 2010, the respondent No. 2 again made the efforts to dispossess the petitioner from the land in question wherefor he served a legal notice on the higher authorities and by their interference, he got some relief; but now, the respondent No. 2 is trying to use force and to dispossess the petitioner. It is further submitted that a notice (Annex. 9) was served upon the petitioner after filing of this writ petition wherein, the date "20.06.2012" was altered to "12.06.2012". It is submitted that by way of this notice, the petitioner is sought to be dispossessed from the land in question forcibly and even without affording an opportunity of hearing.

(3.) SUBJECT to the observations foregoing, this writ petition sands dismissed.