KESRA Vs. BEGA

JUDGEMENT

(1.) THIS revision has been filed against the order of the learned Commissioner, Bikaner dated 22.2.56 and arises under the following circumstances : -

(2.) ONE Kesra filed a Mukhbiri stating therein that the opposite party Bega and Harchand had encroached upon Government land and unlawfully enclosed the land by raising a compound wall. An enquiry was made by the subordinate courts and it was represented to them by the villagers, Lumberdars etc. that this land was used for the seating of village cattle and the opposite party had made unlawful encroachment on this land of public utility. The Naib Tehsildar proposed that the delinquents be fined Rs. 10/- each and the encroachment should be removed at their cost. This proposal was endorsed by the Tehsildar and the Asstt. Collector accepted the proposal and directed that the encroachment should be removed and the amount of fine as proposed by the Tehsildar be recovered. This order of the S.D.O. some how remained pending in the tehsil and the case was resubmitted to the S. D. O. for orders. Again the S.D.O. passed the same order on 15.9.55. Against this order, an appeal was filed before the learned Commissioner, who by his order in revision directed that the land measuring 270 sq. yds. encroached upon should be allowed to remain in possession of the opposite party as Raiyatana and they may be fined Rs. 10/- each for making this unlawful encroachment. It is against this order that the present revision has been filed before us.