HAFIZ MOHD. Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By the instant writ petition under Arts. 226 and 227 of the Constitution of India, the petitioner seeks quashing of order Annex.P/4 dt. 02.12.2006 issued by respondent No.2, Tehsildar, Hurda, District Bhilwara.

(2.) Facts giving rise to the instant writ petition are that the petitioner claims to be the owner of the plot on the strength of the patta issued in his favour by the Gram Panchayat Sareri, Panchayat Samiti, Hurda, District Bhilwara Annex-1. On the strength of earlier patta, one Gajmal filed a civil suit before the Civil Court (Sr.Div.), Gulabpura being Civil Original Case No. 61/2002. That suit came to be dismissed by judgment and decree dt. 03.02.2006 holding therein that the Gram Panchayat has no jurisdiction to issue patta and therefore, the plaintiff therein Gajmal has no legal right to possession. On appeal before the Additional District Judge, Gulabpura, Bhilwara being Civil Appeal Decree No. 2/2006, the appeal came to be dismissed by judgment dt. 22.07.2006 Annex.P/3 against which a second appeal is said to have been filed before this Court, which is pending.

(3.) Tehsildar respondent No. 2 issued a notice to the petitioner stating therein that he has encroached upon the Govt, land on Khasra bearing No.1196 measuring 55 square meter by constructing a shop thereon and, therefore, by order Annex. P/4 dt. 02.12.2006, the petitioner was directed to remove the encroachment within ten days, else it shall be removed by the respondent State and expenses of which are to be borne by the petitioner. Hence, this writ petition.