JUGAL KISHORE Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Heard Mr. Rahul Kamwar, the learned counsel for the applicant(s).

(2.) The instant application is, in essence, for recalling the order dated 09.04.2014, disposing of D.B. Civil Writ Petition(PIL) No. 3404/2014, requiring the District Collector, Jhunjunu to ensure that action, as warranted in law, is taken at the earliest. Thereby, a time frame of six weeks from the date of receipt of a certified copy of the order, was also prescribed.

(3.) The applicants/private respondent have averred that they are the occupants of the land in dispute from a very long period of time. Apart from pleading that they had been in occupation thereof for last over six decades through their predecessors and have, meanwhile, constructed a house over the same, sans any objection from any quarter, it has been contended that in terms of Section 31 of the Rajasthan Tenancy Act, 1955 (for short, hereafter referred to as 'the Act 1955'), they have a right to possess this residential house. It has been stated that the land is an Abadi land from last 65 years and that the term 'Nala', as recorded in the Jamabandi and as referred to in D.B. Civil Writ Petition(PIL) No.3404/2014, is a misnomer as no such 'Nala' exists on the land. However, wrong entries to that effect had been made in the Jamabandi. It has been stated that in response to an application under the Right to Information Act, 2005 (for short, hereafter referred to as 'the Act 2005'), filed by one Mohan Lal, the Tehsildar, Khetri, vide his letter dated 26.03.2012 had mentioned that there was no encroachment on the land and that it was of 'Abadi' category. However, in another installment of information, furnished subsequent thereto to the writ-petitioner in D.B. Civil Writ Petition(PIL) No.3404/2014, the Tehsildar, Khetri disclosed that the land was 'Gair Mumkin Nadi/Nala', on which illegal encroachments had been made and that proceedings in connection therewith are underway.