DHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions are directed against the orders dated 28.12.17 of the Division Bench of Board of Revenue Rajasthan, whereby the Special Appeals preferred by the respondents No.2 to 4 against the order dated 4.5.10 of Single Member, Board of Revenue, have been allowed and accordingly, while setting aside the aforesaid order dated 4.5.10, the order passed by the Revenue Appellate Authority (RAA), Bhilwara dated 16.6.09 setting aside the order dated 26.9.07 passed by the District Collector, Bhilwara, and the order dated 21.5.07 passed by Tehsildar, Raipur, directing eviction of the petitioners from the land measuring 0.19 hectare of Khasra No. 4707/1361 Village Borana, Tehsil Raipur, District Bhilwara, are upheld. That apart, invoking the provisions under Section 9 of the Rajasthan Land Revenue Act, 1956 ("the Act of 1956"?), Tehsildar, Raipur has been directed to restore the Khasra No.4707/1361, area 0.19 hectare, Village Borana to Samvat 2049 status and record it as "Sri Po Bharai Sthan Deh Samast Asamiyan"? within 30 days from the date of issue of the order.

(2.) The facts relevant are that the land measuring 0.19 hectare, Khasra No.424 new Khasra No. 4707/1361 Village Borana, Tehsil Raipur, District Bhilwara is entered in the revenue record as "Po Bharai Sthan Deh Samast Asamiyan"?. Inter alia the petitioners herein encroached upon the said land and constructed the shops. The Tehsildar, Raipur initiated proceedings under Section 91 of the Act of 1956 and passed the order dated 23.12.91 for eviction of the petitioners as trespassers. Aggrieved thereby, one of the petitioners preferred an appeal before Additional District Collector, Bhilwara, which was dismissed on 30.11.92. The second appeal preferred was also dismissed by the RAA vide order dated 25.3.95. A revision petition preferred was also dismissed by the Board of Revenue vide order dated 13.10.95 at the admission stage and thus, the said order passed by the Tehsildar, Raipur directing eviction of the petitioners, attained finality.

(3.) The petitioners somehow appear to have continued in possession and therefore, fresh proceedings were instituted by Tehsildar, Raipur for eviction of the petitioners and after giving them an opportunity of hearing vide order dated 21.5.07, they were directed to be evicted from the land, which as per the revenue record was set apart for public purpose. The order passed by the Tehsildar, Raipur was set aside by the Additional Collector, Bhilwara as appellate authority vide order dated 26.9.07, observing that the land stands recorded as Gair Mumkin Abadi in the revenue record and therefore, Tehsildar, Raipur had no jurisdiction to initiate proceedings under Section 91 of the Act of 1956. On the second appeal being filed by the private respondents, the RAA arrived at the finding that there is nothing on record suggesting that the land which is recorded as "Po Bharai Sthan Deh Samast Asamiyan"? was ever divested for the use as Abadi land by any order passed by the competent authority and thus, on the basis of alleged land conversion order and unregistered agreement to sell, no right is created in favour of the petitioners herein. Accordingly, the appeal was allowed and the order passed by the Tehsildar, Raipur directing eviction of the petitioners from the suit land was restored. Aggrieved by the order passed by the RAA as aforesaid, the petitioners preferred separate revision petitions before the Board of Revenue, which were partly allowed. The Single Member, Board of Revenue while setting aside the order passed by the RAA, remanded the matter to Tehsildar, Raipur to make a detailed inquiry on the points specified and pass fresh order. Aggrieved by the order passed by the Single Member, Board of Revenue, the private respondents herein preferred special appeals before the Division Bench of the Board of Revenue, which have been allowed as aforesaid. Hence these petitions.