Bhagwati Filling Station vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The present writ petition has been filed with the following prayers :-

“i). By an appropriate writ, order or direction, the order dated 07.08.2022 passed by the learned Tehsildar, Reodar, District Sirohi (Annex.10) may kindly be declared illegal and be quashed and set-aside.

ii). By an appropriate writ, order or direction, the respondents may kindly be directed to function or to operate the retail outlets established by the petitioner without any condition and also taking into consideration that the petitioner ever been ready to construct the service road as per NOC issued by the District Collector, Sirohi.

iii). In the alternative, without prejudice to above, by an appropriate writ, order or direction, the learned Tehsildar, Reodar may kindly be directed to conclude the pending proceedings within stipulated time period preferably within one month from today.”

Learned counsel submits that the Tehsildar, Reodar, District Sirohi vide his order dated 29.07.2022 had already decided the proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 and declared the respondent No.5 as an encroacher.

Learned counsel for the petitioner has made a limited prayer that since the proceedings have been reopened on the application preferred by the respondent No.5- Mr. Jayantilal, therefore, the respondent No.3-Tehsildar, Reodar, District Sirohi may be directed to decide the pending proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 at the earliest.

In view of the submissions made above and the limited prayer made by the learned counsel for the petitioner, the writ petition is disposed of with a direction to respondent No.5- Tehsildar, Reodar, District Sirohi to decide the proceeding pending under Section 91 of the Rajasthan Land Revenue Act, 1956 within a period of one month from the date of the receipt of the certified copy of this order.