CHANDGIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed challenging the order dated 16-2-2009 passed by the Board of Revenue, Rajasthan, Ajmer, whereby the revision petition filed by the petitioner under Section 84 of the Rajasthan Land Revenue Act, 1956 (herein after '1956 Act') has been dismissed.

(2.) Heard learned counsel for the petitioner, and perused the material on record of the writ petition.

(3.) The facts of the case are that based on the report of Patwari Halka a notice under Section 91 of the 1956 Act was initiated and vide order dated 24-11-1997, passed by the Nayab Tehsildar, Sub-tehsil Malsisar, the petitioner was declared trespasser and was directed to remove his encroachment and also visited with penalty. Against the order passed by the Nayab Tehsildar, the petitioner filed first appeal before the District Collector, Jhunjhunu, and second appeal before the Revenue Appellate Authority, Sikar, Camp Jhunjhunu, but to no avail and the said appeals came to be dismissed. Against the order dated 29-8-2001, passed by the Revenue Appellate Authority Sikar, Camp Jhunjhunu, a revision petition came to be filed before the Board of Revenue, Rajasthan Ajmer. The Board found that the land encroached upon by the petitioner in khasra No.74 was a Gair Mumking Johad, used by the public at large, and there was no material before the courts below to prove that the petitioner had settled possession thereon. It was found that merely because the land in issue was close to Abadi, the petitioner was making encroachment thereon for his personal use.