Rajasthan High Court - Jodhpur
Tulchha Ram vs State Of Rajasthan on 28 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9220/2022
1. Tulchha Ram S/o Shri Raju Ram, Aged About 77 Years, By
Caste Jat, Resident Of Bojhala, Tehsil Bhadra District
Hanumangarh.
2. Rati Ram S/o Shri Gordhan Ram, Aged About 82 Years,
By Caste Brahmin, Resident Of Bojhala, Tehsil Bhadra
District Hanumangarh.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Revenue, Government Of Rajasthan, Secretariat, Jaipur.
2. District Collector, Hanumangarh.
3. Sub Divisional Officer, Bhadra District Hanumangarh.
4. Tehsildar (Revenue), Bhadra District Hanumangarh.
5. Block Development Officer, Panchayat Samiti Bhadra
District Hanumangarh.
6. Principal, Govt. Senior Secondary School, Bojhala, Tehsil
Bhadra District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. G.R. Bhari
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
28/07/2022
This writ petition has been filed by the petitioners being
aggrieved with the order dated 16.06.2022 passed by the Sub
Divisional Officer, Bhadra District Hanumangarh (for short 'the
SDO') and the order dated 17.06.2022 passed by the Tehsildar,
Bhadra District Hanumangarh (for short 'the Tehsildar').
Vide order dated 16.06.2022, the SDO while taking
cognizance of the letter written by the Head Master of the
(2 of 3) [CW-9220/2022]
Government Senior Secondary School, Bojhala has observed that
the Head Master of the said school has claimed that they are not
in possession of 25 bigha of the land allotted in favour of the
school and certain persons have made encroachment over it,
therefore, he directed the Tehsildar to constitute a joint committee
to measure the land of school and if any encroachment exist, they
may be removed, as per Rules.
In pursuance to the order passed by the SDO on 16.06.2022,
the Tehsildar concerned vide order dated 17.06.2022 has
constituted a committee of seven members, who are land revenue
inspectors and patwaris of the villages and directed them to
submit the report after measuring the land of the school in
question.
Learned counsel for the petitioners has submitted that earlier
also, the measurement of the land of the school was carried out
by the revenue authorities and it was found that the school in
question is in possession of the whole 25 bigha of the land.
Learned counsel for the petitioners has apprehension that
under the garb of the orders dated 16.06.2022 and 17.06.2022,
their constructed houses may be demolished while treating them
encroachers on the ground that they are not in possession of valid
title in their favour.
This Court is of the opinion that the apprehension of the
petitioners, based on the order passed by the SDO, is
misconceived. If the petitioners have not encroached over the land
of the school, then there is no reason for them to object the
measurement proceedings, which are to be carried out by the
Tehsildar under the instructions of the SDO.
(3 of 3) [CW-9220/2022]
It is always open for the petitioners to demonstrate before
the committee constituted by the Tehsildar that they are in
possession of valid title in their favour.
In view of the above discussion, I do not find any case for
interference in this writ petition, which is dismissed as such.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
159-Arun/-
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