Ghanshyam and Others vs State of Rajasthan and Another

Alok Sharma

This petition has been filed with the prayer to direct the Sub Divisional Magistrate Chaksu (herein after the `SDM Chaksu'') to hand over the peaceful possession of the land Khasra No. 133, 134 and 135 to an extent of 1.02 hectare in Village Ganeshpur, Chaksu, Jaipur to the petitioners following the quashing of the order of appointment of receiver under the SDM Chaksu''s order dated 24-3-2011 and the taking of possession of the petitioners'' khatedari land by the Receiver in pursuance thereof. The case of the petitioners is that on the order dated 24-3-2011 passed by the SDM Chaksu, the Tehsildar Chaksu in the capacity of Receiver took possession from the petitioners of land under Khasra No. 133, 134 and 135 to an extent of 1.02 hectare in Village Ganeshpur, Chaksu, Jaipur. Subsequently the land of petitioners had been given by the Tehsildar-as Receiver for cultivation to the highest bidder at an auction.

It is submitted that aggrieved of the order dated 24-3-2011 passed by the SDM Chaksu, the petitioners preferred a petition No. 77/2011 before the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan, who after considering the facts of the case allowed the petition vide order dated 3-4-2012 holding that complainant respondent in the petition had no legal possession and as she herself had attempted to breach the peace to perpetuate the illegality of her unlawfully asserted possession, she was not entitled to any protection of the courts of law by resort to Section 145 Cr.P.C. It was further held that the petitioners, the recorded khatedar tenants could not be prevented from enjoying their legal possession by appointing a receiver. Consequently the order dated 24-3-2011 passed by the SDM Chaksu was set aside.

The order dated 3-4-2012 passed by the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan was challenged before this Court by filing a Criminal Revision Petition No. 373/2012. this Court vide order dated 3-5-2012 was pleased to uphold the order dated 3-4-2012 and dismissed the revision petition.

Counsel submits that the appointment of receiver under order dated 24-3-2011 passed by SDM Chaksu thus having been set aside by the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan vide order dated 3-4-2012 and the said order having been sustained in a challenge thereto under order of this Court dated 3-5-2012 in revision petition No. 373/2012, the petitioners moved an application before the Tehsildar Chaksu on 18-6-2012 claiming therein that in view of the facts of the case and the order of appointment of receiver dated 24-3-2011 having been set aside, the possession of the land under Khasra No. 133, 134 and 135 to an extent of 1.02 hectare in Village Ganeshpur, Chaksu, Jaipur taken by the receiver under the aforesaid order, as also the money obtained from the auction of the right to cultivate the land during the receivership be returned to the petitioners.

Counsel submits that in spite of lapsing of over two months since the filing of the application before the Tehsildar Chaksu for releasing of possession of the land in issue, the same has not been addressed by the Tehsildar Chaksu.

Having heard Learned Counsel for the petitioner and having perused the material available on record of the writ petition, more particularly in view of the order of this Court dated 3-5-2012 in revision petition No. 373/2012 upholding the order dated 3-4-2012 passed by the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan, setting aside the order of appointment of receiver under dated 24-3-2011 passed by SDM Chaksu, I am of the view that the Tehsildar Chaksu should be directed to decide the application dated 18-6-2012 filed by the petitioners in accordance with law within a period of two weeks from the date of receipt of the certified copy of this order. The Tehsildar Chaksu is directed accordingly. The writ petition and stay application stand disposed of accordingly.