BRIJ MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by plaintiff-petitioner Brij Mohan against the order dated 18.12.2013 passed by the Civil Judge (Junior Division) & Judicial Magistrate, Indergarh, District Bundi, in Civil Suit No.2/2010 - Brij Mohan v. State of Rajasthan, whereby it rejected the application of the plaintiff-petitioner filed under Section 65 of the Indian Evidence Act, for accepting the photo copy of the order dated 14.05.1963 as secondary evidence on record, which is said to have been passed by the District Collector, Kota.

(2.) Briefly stated, facts of the case are that according to the plaintiff-petitioner, a shop measuring 27x18 sq.ft. situated in Gram Panchayat Navalpura on Mela Ground near Kamleshwar Mahadevji temple, was allotted to his father Bhairu Lal vide order dated 24.10.1960 on application no.31 filed on 04.10.1960 and. His father constructed a shop thereon and started business of selling sweets and grocery articles. His father deposited patta fees in terms of aforesaid orders, vide receipt dated 25.09.1983. Tehsildar, Indergarh, gave a notice to the petitioner under Section 91 of the Raiasthan and Revenue Act,. 1956 (for short, the Act of 1956'') describing him as trespasser and seeking his eviction. Petitioner challenged the aforesaid notice by filing S.B. Civil Writ Petition No. 3131/1997. This court, vide judgment dated 19.08.1998, quashed the aforesaid notice because the counsel for respondent admitted at bar that the land in question belonged to Mandir Muafi Kamleshwar Ji Mahadev and was not a government land. Tehsildar was thus held to be incompetent. It was thereafter that Tehsildar again issued a notice on 29.08.1998 under Section 90a read with Section 91 of the Act of 1956 for eviction. Petitioner this time filed a civil suit for permanent injunction contending that this plot was allotted to his father by Gram Panchayat, Navalplura and therefore prayed for decree of permanent injunction.

(3.) Respondent filed written statement asserting therein that the shop was constructed on the land of Khasra no.502, which was agricultural land, recorded in the name of Kamleshwar Mahadev Ji temple as mandir muafi land, which was being used by the petitioner without any ownership and authority and without getting the land use converted into commercial. And further without permission, the petitioner was running the shop on the said land, which was illegal and unauthorized. Gram Panchayat Navalpura had no jurisdiction to either allot the land or to permit its conversion or grant permissioin for its commercial use.