BHERDAAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant intra Court appeal is directed against the order dtd. 24/2/2022 passed by learned Single Bench of this Court whereby, S.B. Civil Writ Petition No.4361/2010 preferred by the petitioners for assailing the enquiry report dtd. 16/3/2010, the order dtd. 30/3/2010 passed by the District Collector and the consequent notices issued to the petitioners for removal of encroachments on the land in question, was dismissed.

(2.) Shri Sudhir Sharma, learned counsel representing the appellants vehemently and fervently urged that the learned Single Bench committed gross error in law in dismissing the writ petition preferred by the appellants-petitioners. The appellants have constructed houses on the land in question after having duly been issued pattas thereof. The land in question falls within the Gram Panchayat Ummewala whereas the impugned proceedings have been undertaken by illegally projecting the land to be a part of Aabadi of Village Gram Panchayat Sardarpura and as such, the impugned notices/orders and all subsequent proceedings sought to be undertaken in furtherance thereof, are without jurisdiction. He further urged that the appellants have spent significant amount of money in raising permanent constructions on the plots in question and have also been granted electricity and water connections by the Government authorities and thus, the enquiry report and the impugned notices whereby, the appellants were directed to remove their houses, are bad in the eyes of law and hence, the same deserve to be quashed.

(3.) We have heard and considered the submissions advanced by learned counsel Shri Sharma representing the appellants-petitioners and, have gone through the impugned order passed by the learned Single Bench and the record of the writ petition.