MAM CHAND Vs. STATE

JUDGEMENT

(1.) THESE revisions have been filed against an appellate order of the Divisional Commissioner, Bikaner, dated 4.6.54 whereby the appeal of the applicant was dismissed and the order of the Collector, Ganganagar was upheld.

(2.) THIS case started on a report of patwari Chain Singh of village Malsisar, Tehsil Bhadra, that the applicant had made unauthorised construction on unoccupied Government land which was in the catchment area of the village tank. The Naib Tehsildar recommended that the applicant be charged ten times the site value i.e. Rs. 7/8/-per thousand sq. ft., for this unauthorised occupation. The Tehsildar endorsed this view, but the Assistant Collector, Nohar, disagreed with the recommendation of the Tehsildar and ordered that the construction be removed and the applicant be fined Rs. 50/- for taking unauthorised possession of Government land. The applicant went in first appeal before the Collector, Ganganagar, who dismissed it and upheld the order of the S.D.O. On second appeal by the applicant, the Additional Commissioner, Bikaner, remanded the case under order41,Rule25,C.P.G. for further enquiry on certain points. One of the points was as to what was the effect of this unauthorised construction on the johar of the village. The Tehsildar after making due enquiries on the points referred to him reported with regard to the above point that this unauthorised occupation did not at all affect the johar which was used for drinking purposes as the johar was about 225 yds. distant from the land in question. The learned Commissioner, who decided the appeal, observing that "the applicant's construction should be removed and the land in question should be allowed to remain open to serve as catchment area of the village tank, and all other similar unauthorised constructions on the site should also be removed" rejected the appeal. The applicant has now come in revision before us against this order.