AJAY KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel appearing for the petitioner, and learned counsel appearing for the State-respondents. By this writ petition, the petitioner has prayed for a direction to remove the encroachments from the land in Khasra No. 157, area 2 Bigha, 18 Biswa in the village, recorded in the category of 'Siwai Chak', the nature of which is recorded as 'Gair Mumkin Johad'. It is alleged that a pond is constructed on the land, around which, unauthorized constructions have been raised, causing obstruction in the free flow of the water to the pond.

(2.) In paragraph 3 of the counter affidavit, affirmed by Mr. Brejesh Kumar, Tehsildar Buhana, District Jhunjhunu, it is stated that the Khasra No. 157 was in the category of 'Siwak Chak', and its nature was 'Gair Mumkin Johad'. Subsequent to the settlement operation, Khasra Nos. 156, 157 and 158 were consolidated, and a new Khasra No. 227 was carved out, admeasuring 8.86 hectares, recorded as 'Siwak Chak' land, and that the nature of the land was recorded as 'Gair Mumkin Abadi'. In the site inspection report prepared by the Patwari, it was found that at present the pond is constructed in 2300 sq.mtrs. area, and that there is no encroachment over the said portion of the pond. In the remaining portion of Khasra No. 227, pucca houses are in existence, where a number of families are residing.

(3.) In paragraph 6, it is stated that the petitioner himself has constructed a house and a STD in the Southern side of the pond, which is blocking the passage of water to the pond. The petitioner was a member of the Committee, appointed by Village Panchayat, which was given the charge of making a boundary wall. He, however, is wrongfully claiming the land and the constructions to be made by his predecessor late Shri Mukhram Sharma and wants to appropriate it for his use.