SHAMBHOO SINGH Vs. VIJAY SINGH

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioners under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) Brief facts giving rise to the present petition are that late Shri Lal Singh was the Jagirdar of Village Gudia, Tehsil Bali, District Pali. The land in dispute was entered as Khudkast in the name of Lal Singh when Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, (hereinafter referred to as the Act of 1951), came into force and the land in dispute was entered as Siwai Chak. The disputed land was in the possession of Shri Lal Singh and his sons and because of this entry in the revenue records, proceedings under Sec. 91 of the Rajasthan Land Revenue Act, 1956, were initiated against the petitioners and Shri Lal Singh, vide order dtd. 17/11/1970. The Naib Tehsildar ordered for eviction of the said land.

(3.) Being aggrieved of the order dtd. 17/11/1970, an appeal was preferred by Shri Lal Singh and the same was decided by the Additional Collector on 23/9/1971 ((Annexure-1). While deciding the appeal, relevant records which were produced before the Naib Tehsildar were examined and while examining the same, the Additional Collector, Pali, came to the conclusion that after perusal of relevant Girdawari pertaining to Samvat Year 2011 and onwards, it is clear that the land in dispute was entered as Khudkast of Shri Lal Singh. It was further observed, that Jagir was resumed in Samvat Year 2015 and before and after the resumption, the land in dispute was in possession of Shri Lal Singh and his sons and consequently it was observed that they were not the trespassers and thus, the appeal was allowed and the order dtd. 17/10/1970 was set aside.