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Judgment
This writ petition has been filed by the petitioners aggrieved against notice dated 12.02.2020 (Annexure-22), whereby, the petitioners have been called
upon to remove their encroachment from the gair mumkin gochar land, regarding which, already an order for evicting the petitioners by Tehsildar,
Nagaur has been issued.
A prayer has been made that the Gram Panchayat, Sadokan be directed to take appropriate proceedings for extension of abadi land in the village in
view of growth of population in last two decades. Further prayer has been made that the order dated 11.01.2018 (Annexure-21) passed by the Joint
Secretary rejecting the prayer for converting the gair mumkin gochar land into abadi land and for converting land of private tenants as that of gochar
be set aside.
A perusal of the notice (Annexure-22) reveals that the Tehsildar, Nagaur has taken the steps in light of the Division Bench judgment in D.B. Civil
Writ Petition (PIL) No. 11629/2013 decided on 13.11.2013 and besides the said judgment, the Division Bench in the case of Gulab Kothari v. State of
Rajasthan : D.B. Civil Writ Petition No. 1554/2004 has directed for removing the encroachments from the gochar lands.
In view of the categorical directions given by the Division Bench and the respondents following the said directions, the petition filed by petitioners
seeking to stall implementation of orders passed by Division Bench of this Court cannot be entertained. If on account of implementation of the Division
Bench orders the petitioners have any grievance, they have to take appropriate proceedings in accordance with law.
The jurisdiction of this Court can only be invoked in case the plea in the petition pertains to wrong implementation of the orders/directions.
In view thereof, no case for interference by this Court is made out. The petition is, therefore, dismissed.