HANS RAJ Vs. STATE

JUDGEMENT

(1.) By this writ petition, the petitioner seeks a direction to be issued restraining the respondents Nos. 1 to 4 and 7 from interfering over petitioner's land shown in the Naksha trace (Anx. 5) and not to make allotment to any other person and also prays that not to dispossess the petitioner without due process of law.

(2.) It is alleged that out of Araji Number 777 total measuring 364 bighas and 8 biswas in Roon Rajsamand Patwar Circle Sanwad Tehsil and District Rajsamand, the petitioner has purchased the disputed land measuring 23.10 bigha from one Kishan Singh and Pan Singh respondents Nos. 5 and 6 respectively in the year 1972 and paying land revenue and has also consumed water of the lake. It is alleged that the proceedings were initiated u/S. 91 of the Rajasthan Land Revenue Act and he was declared trespasser on 25-5-1987 by the Tehsildar. On appeal, the Collector vide judgment dt. 21-12-1990 set aside the order and remanded the matter back with a direction to decide it afresh. After considering the various judgments, the proceedings were dropped by the Tehsildar vide order dt. 9-101991. It is also alleged that Kishan Singh also filed a writ petition bearing No. 1815/87 seeking a direction to restrain the respondents from interfering with the peaceful use and possession of his land (including the land in dispute) wherein ad interim stay order has been passed. The petitioner has further alleged that in the first week of March, 1993 Naib Tehsildar, Revenue Inspector and Patwari along with 3-4 peons of the Tehsil Rajsamand came on the site and demolished a sizable portion of the boundary wall existing around the land in dispute. On the apprehension that the respondents may cause further injury to the petitioner, he has filed this writ petition aforesaid for relief on 28-7-93, along with the documents Anxs. 1 to 10.

(3.) On 5-8-1993, this Court while admitting the writ petition, ordered to maintain status quo. An application was moved by Anubrat Vishwa Bharati for impleading it as a party 'respondent No. 8' to the writ petition. The application for impleadment was allowed by this Court on 9-12-1993. Non-petitioners Nos. 1 to 4 have filed reply to the writ petition on 3-10-94 along with documents Anx. R/1 to R/12. Reply to the writ petition has also been filed by the respondent No. 5. Municipal Board, Rajsamand, the non-petitioner No. 7 has filed reply on 8-4-1994. Impleaded respondent i.e. respondent No. 8 also filed reply on 1-2-1994 along with the documents Anxs. R/1 to R/5. In counter to the reply filed on behalf of the respondent No. 8 the petitioner filed rejoinder and also filed documents Anx. 11. The petitioner also filed rejoinder to the reply submitted by the non-petitioners Nos. 1 to 4. As agreed by the learned counsel for the parties, the matter has been heard finally.