LAL MOHD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr.S.P.Sharma, learned counsel for the applicants. By the instant application, a review or reconsideration of the judgment and order dated 17.12.2012 rendered in D.B.Civil Writ Petition No.13045/2012 has been sought for.

(2.) THE aforementioned writ proceeding was initiated at the instance of two residents of Aguni Dhani espousing a public cause to get cleared land bearing khasra no.11, 14, 21, 50,132 and 158 of village Seranibad, Patwar Circle Chhoti Khatu, Tehsil Deedwana District Nagaur of the encroachments thereon. The petitioners stated that the land belonged to the Government and is shown as Gair Mumkin Magra in the revenue records. According to them, though on the basis of their repeated representations before the Tehsildar as well as the District Collector, Nagaur, notices had been issued to the trespassers under section 91 of the Rajasthan Land Revenue Act, 1956 (for short, hereafter referred to as "the Act"), no action for removing them eventually did materialize. That meanwhile, the trespassers had instituted a suit alongwith an application for temporary injunction in the Court of the learned Civil Judge (Jr.Div.), Deedwana and the same had been dismissed, was mentioned as well.

(3.) THE records reveal that thereafter the petitioners did submit a representation as permitted by the aforementioned order and as even thereafter, the concerned authorities dithered to remove the encroachments, they (petitioners) approached this Court by filing D.B.Civil Contempt Petition No.247/2013. The applicants herein apprised this Court in the contempt proceedings that as they were sought to be ousted from their respective positions in course of the exercise undertaken in compliance of the judgment and order dated 17.12.2012, they contemplated to file an application for review thereof. By order dated 9.9.2013 passed in the contempt petition, a Coordinate Bench of this Court, however, did not interdict the process of eviction underway and rather granted the District Collector cum the District Magistrate, Nagaur one month's time to remove the remaining encroachments on the land and to submit a report to that effect. Before issuing this direction, this Court took note of the reply filed by this authority to the effect that as a follow up step to the representation submitted by the writ petitioners, 86 encroachers had been detected and that 42 therefrom had been removed. This respondent as well mentioned in his reply that prior to the act of such removal, a process under section 91 of the Act had been initiated and that the remaining 44 encroachers had set up permanent structures.