BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bunch of appeals under Article 224 of the Constitution of India read with Rule 134 of Rajasthan High Court Rules, has been preferred by respective appellants for assailing the order dated 16.1.2019 passed by learned Single Bench of this Court in a bunch of writ petitions led by S.B.Civil Writ Petition No.1966/2018 whereby, the writ petitions preferred by the respective petitioners, were rejected.

(2.) Since the appeals are directed against a common judgment passed by learned Single Bench, the same are being decided together by this single order.

(3.) The Tehsildar, Raipur initiated proceedings under Section 91 of the Land Revenue Act, 1956 against the petitioners seeking their eviction from the land in question as trespassers. The petitioners preferred an appeal before the Additional District Collector, Bhilwara which was dismissed on 30.11.1992. The second appeal preferred by the petitioners was also dismissed on 25.3.1995. A revision was also preferred against these orders before the Board of Revenue, which was rejected summarily by order dated 13.10.1995. However, despite the culmination of these proceedings, the petitioners somehow managed to retain in possession over the land in question and thus, fresh proceedings were instituted by the Tehsildar Raipur for eviction of the petitioners and after giving them an opportunity of hearing, they were directed to be evicted from the land which as per the revenue record, was set apart for public purposes. The fresh order dated 21.05.2007 passed by the Tehsildar Raipur was reversed by the Additional Collector, Bhilwara in appeal vide order dated 26.9.2007. The private respondents filed a second appeal before the Revenue Appellate Authority, which allowed the appeal by order dated 16.6.2009 and restored the order passed by the Tehsildar, directing eviction of the petitioners from the suit land.