Bapulal vs State of Rajasthan

(1). This is revision petition field under section 84 of the Rajasthan Land Revenue Act against the judgment of Settlement Officer cum R.A.A. Kota passed in appeal No. 140/2000 dated 18.7.2000. Leading facts of this revision are that initially proceedings under Section 91/90A were initiated by the Naib Tehsilder Asnawar with respect to khasra No. 1203 area 16.8. bigha. Proceedings were initialed to the extent of 17 biswa of the ground that over this small piece he has manufactured brick kilns. After trial the trial court vide its judgment dated 30.5,2000 ordered to the tune of ejectment imposing penalty plus one month civil imprisonment and forfeiting the bricks. Aggrieved from this first and second appeals were preferred to the court of Additional Collector as well as R.A.A. While deciding these appeals the lower courts had already quashed the order of civil imprisonment but maintained order for ejectment and forfeiting the bricks. Hence the present revision.

Heard the parties and perused the record.

(2). Counsel appearing for the applicant argued that he has already evicted 17 bisvvas of land under dispute but his request is that since he has manufactured bricks with the written permission of gram panchayat Asnawar over this piece of land and he has paid rent of the land to the gram panchayat therefore prima facie he should be given opportunity to remove the manufactured bricks.

(3). Learned counsel for the State supported the impugned judgment.

(4). After careful examination of the submission made by the rival parties and perusal of the record I am of the view that since in the present case the fact that gram panchayat had given permission to use the land mentioned above after taking rent from the applicant to manufacture bricks, therefore, prima facie he occupied the land with permission. Under this fact his act can be treated as bonafide one and because under the provisions of section 91 there is provision that Tehsildar at any time of his motionor upon the application of a local authority at whose disposal such land has been placed and any crop standing or any building or other construction erected, or anything deposited on such land shall, if not removed within such reasonable time as the Tehsildar may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of in the case of any such crop, in the manner he thinks fit and in other cases as the Collector may direct. In the present case no such opportunity was allowed to the applicant to remove his manufactured bricks from the spot whereas in the said section there is specific provision for that. Under the circumstances since the applicant has stated that he has already handed over vacant possession to the State and civil imprisonment had already been cancelled by the lower courts.

(5). Under the circumstances he is allowed to remove his manufactured bricks from the site immediately. Thus the revision is partially allowed as mentioned above.

Pronounced in open court.