Jagdish And Ors vs State Of Rajasthan And Ors

The applicants seek impleadment in these proceedings, contending that they are affected parties because the removal of encroachment directions issued by the Court firstly affected their occupation of certain lands in Village Tausar, District Nagour.

Learned counsel relied upon an order of this Court dated 12.10.2018, contending that the applicants have been in continuous and peaceful possession of the lands since about 40 years.

The Court notices that in support of the application-as indeed the reply, (which was noticed by the order of this Court referred to), there is no admission by the authorities or even the petitioners with respect to lawful occupation by the applicants. In fact, para Nos.3 & 4 of the reply clearly deny that the applicants had any lawful occupation and rather only elaborate that the reliance placed upon electricity connections are of no avail in the absence of any title documents.

The applicants relied upon an order dated 20.12.1980 passed by the Tehsildar, Nagour recommending conversation of land. There is nothing on record to show that this order was acted upon and actually the land in question was permitted to be used for Abadi area.

The reliance placed upon the order of the Division Bench of this Court in Veni Dutt & Ors Vs. Vishnu Charan Malik [DB Writ Contempt Petition No.834/2017, decided on 08.10.2018] is of no avail. In that case, the Court was impressed by the delay and latches and granted certain relief, but at the same time went on to direct that the State Authorities should identify Abadi lands where occupants in khasra are in occupational for 40 years.

As this Court notices, there has been no direction converting the land in question to Abadi areas.

For the forgoing reasons, there is no merit in the application, which is accordingly dismissed.