GHASIRAM S/O BHERU LAL Vs. STATE OF RAJASTHAN, THROUGH SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) These two writ petitions are preferred by the petitioners seeking reliefs for quashing of the orders dated 22.03.2016 passed in case No. 105/2016 and 95/2016, whereby the Tehsildar, Urban Improvement Trust, Udaipur dropped the proceedings against the petitioners under section 92-A of the Rajasthan Urban Improvement Trust Act, 1959 (for short 'the Act of 1959' hereinafter) while observing that the encroachment of the petitioners over the land belonging to the Urban Improvement Trust has already been removed on 21.03.2016, therefore, no further proceedings are required to undertake in the matter. The petitioners are also seeking direction to the respondent-UIT Udaipur for allotment/regularisation of the land in their favour, which they are claiming that the same is in possession of them from last so many years.

(2.) The case as set up by the petitioners is that the land of Khasra No. 1045 of village Debari, Tehsil Girwa, District Udaipur is in their possession since decades. It is also claimed that the petitioners have constructed the house on the said land and also got electricity connection to it. It is claimed that earlier the land was in the name of the State and at that time, the Tehsildar, Girwa, District Udaipur issued notices to them under section 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956' hereinafter) from time to time and this fact itself shows that the petitioners are in possession of the land of Khasra No. 1045 of village Debari since long time.

(3.) It is further claimed that later on land of Khasra No. 1045 of village Debari and other lands were transferred to the UIT, Udaiur and the UIT, Udaipur vide advertisement dated 12.11.2012 invited applications from the persons, who were in possession of the land of Khasra No. 1045 and others for regularisation of the land in their favour. The petitioners are claiming that they have moved applications for regularisation of the land in question in their favour pursuant to the advertisement dated 12.11.2012 and the said applications of the petitioners are pending with the UIT.