RAMAVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard finally with the consent of parties.

(2.) This Special Appeal is directed against impugned order of Single Bench dated 15th July, 2011, whereby writ petition of petitioner/appellant, has been dismissed.

(3.) Brief facts of the case are that appellant was in illegal occupation of public land i.e. Khasra Nos.363 and 411 Gair Mumkin Rasta situated in Village Gadi Sawai Ram, Sub Tehsil Reni, Tehsil Rajgarh, District Alwar. A notice under Section 91 of the Rajasthan Land Revenue Act was served upon the appellant, but he did not remove his encroachment, therefore, Nayab Tehsildar, Sub Tehsil Reni, vide its order dated 9th November, 1994 passed an order awarding a sentence of civil imprisonment for a period of three months in addition to an order of dispossession of the appellant and penalty of 50 times i.e. Rs.434/-.