QURBAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONERS Qurban son of Lakha and Lakha son of Shafi have filed this petition under Articles 226 and 227 of the Constitution of India praying that a writ of certiorari or prohibition or any other appropriate writ, order or direction may be issued restraining the respondents State of Rajasthan and Tehsildar Chohtan froth ejecting them from khasra No. 90 measuring 33 bighas 11 biswas situate in village Jalila, tehsil Chohtan and further that a direction may also be issued for regularisation of their case Whereby quashing order Anx. C dated April 19, 1979.

(2.) THE petitioners are residents of village Jalila and are landless cultivators. Their case is that in Smt. 2032 they took possession of Sawai Chak Government land khasra No. 90 measuring 33 bighas and 11 biswas, and since then, they have been in continuous cultivatory possession of it. Their case further is that the unauthorised occupation made on the aforesaid land should have been regularised as per Government Circulars No. F (20) Rev./B/71 dated April 13, 1971 and No. 16(7) Rev/Gr(sic)v/77 dated April 14, 1977 and Rule 20 of the Rajasthan Land Revenue Rules, 1970 (hereinafter to be referred to as 'the Rules'). The petitioners have stated that they made applications in 1978 and also on April 29, 1979, but no orders were passed thereon. Instead of passing any order, the Tehsildar, Chohtan, issued a notice under Section 91 of the Land Revenue Act, 1956 (No. XV of 1956 (for short, 'the Act' here after). The land was allotted by means of Anx C, dated April 19, 1979 to Bhoja. They have, thereafter, filed the present; wit petition under Articles 226 and 227 of the Constitution for the reliefs mentioned above.

(3.) THE writ petition is contested on various grounds. It was, inter alia, contended that the petitioners are not in possession of the land measuring 33 bighas 11 biswas of khasra No. 90 and that in pursuance of, the notice, issued under Section 91 of the Act, the order for eviction of the petitioner was passed on October 22, 1978. The copy of the order dated October 22, 1978 has been filed by the respondents marked as Anx R3. It was stated by the respondents that the said land was allotted to Bhoja on April 10, 1979 and possession of the same was delivered to him on May 28, 1979. To show delivery of possession to Bhoja, Ghatna Bahi Anx. R4 has been filed by the respondents.