CHHATTU MAL Vs. SUPERINTENDENT OF GARDENS JAIPUR

JUDGEMENT

(1.) THIS is a revision against order of Collector Jaipur dated 25-10-62 and Tehsildar, Jaipur dated 30-9-63.

(2.) THE facts are that on 25-10-62 the Collector, Jaipur sent an order to Tehsildar, Jaipur and enclosed a copy of letter from Superintendent Government Gardens. By this order the Tehsildar was directed to remove a Tea Stall of Chhatturnal. THE Tehsildar sent a report on 15-4-63 that his jurisdiction was not attracted under sec. 91 of the Rajasthan Land Revenue Act as it applies only to Siway Chak land. THE Collector thereupon directed that the land was Government Property and the possession of Chhattumal was without lawful authority and so the trespass should be removed. It was directed that definition of land in sec. 88 should be referred. THEreupon the Tehsildar on 30-9-63 directed Chhattumal to remove his Tea Stall. He has come in revision. I have heard the advocate for the petitioner as also the Government Advocate and have perused the record.