Bajrangsingh S/O Late ... vs State Of Rajasthan
2022 Latest Caselaw 6435 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 D.B. Civil Writ Petition No. 12660/2022

   Bajrangsingh S/o Late Bhagwanaram, Aged About 57 Years, R/o
   Ward Number 09 Doomra Tehsil Nawalgarh District Jhunjhunu
                                                                      ----Petitioner
                                      Versus
   1.     State Of Rajasthan, Through Chief Secretary, Govt.
          Secretariat, Jaipur, Rajasthan.
   2.     District Collector, Jhunjhunu.
   3.     Sub-Divisional Officer, Nawalgarh, District Jhunjhunu.
   4.     Tehsildar, Nawalgarh, District Jhunjhunu.
   5.     Nayab Tehsildar, Mukandgarh, District Jhunjhunu.
                                                                   ----Respondents

For Petitioner(s) : Mr. Ved Pal Shastri, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

29/09/2022

Heard.

This petition has been filed by the petitioner on the ground

that, even though, order has been passed by Tehsildar in exercise

of the powers under Section 91 of the Rajasthan Land Revenue

Act, 1956 (hereinafter referred to as 'the Act'), way back on

22.03.2019, the order is not being executed.

The order passed by the Tehsildar in exercise of the powers

under Section 91 of the Act is executable under the scheme of the

Act of 1956.

(2 of 2) [CW-12660/2022]

An averment has been made in the writ petition that against

the order passed by the Tehsildar, to the best of the knowledge of

the petitioner, no appeal or any other remedy has been taken.

Therefore, at this stage, we can only observe that if the

order of eviction passed by the Tehsildar under Section 91 of the

Act has attained finality and has not been challenged and none of

the persons affected have taken recourse to remedy of the appeal

and there is no interim order, it goes without saying that the order

is required to be executed in accordance with the scheme of the

Act, at the earliest, because the eviction order has been passed

way back on 22.03.2019.

Subject to the aforesaid observations, this petition is finally

disposed off at this stage.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /10

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