GIRI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Special Appeal has been preferred by the villagers of village Bahaj, Tehsil and Police Station, Deeg, District Bharatpur, against the judgment dated 11th January 1980, passed by the learned Single Judge in S.B. Civil writ petition No. 1250 of 1979, whereby the learned single Judge dismissed the writ petition.

(2.) THE respondent, Pyare Lal, is said to have encroached upon the village land and proceedings were initiated against him. On 18 -9 -1966, vide Annexure 1, he admitted that the land is the public land and he undertook that he would not occupy the land in future. The Gram Panchayat directed that encroachment made should be removed within a period of 15 days and a fine of Rs. 15/ - was also imposed on him. Aggrieved by the said order an appeal was preferred before the Panchayat Samiti, Deeg, which was decided vide Annexure -2, dated 5 -12 -1966 and the appeal was dismissed.

(3.) THE revision petition was preferred against the said order which was rejected by the learned Additional Collector, Bharatpur, vide order dated 17 -5 -1979. Learned Additional Collector held that the revision petition is time barred. He has also considered the other questions which were raised by the petitioners and found that from the inquiry report it seems that the petition has been filed only with the intention that the opposite party wants to grab the land. It was also contended that the six persons who are alleging that they are the aggrieved party, cannot file the revision petition and provisions of Order 1, Rule 8 are attracted. Being aggrieved with the decision of the Additional Collector, dated 17 -5 -1979, Annexure -8, the writ petition was preferred before this Court, which was dismissed in limine by the learned Single Judge on 11th January 1980. This special Appeal has been preferred against the said decision under Section 18 of the Rajasthan High Court Ordinance. At the admission stage show cause notice was issued and after hearing both the parties the writ petition was admitted by this Court.