Ram Singh And Ors vs Tehsildar Behror, Tehsil Behror, District Alwar (Raj.)

The grievance raised by the petitioners in the present writ petition is in respect of non-compliance of the order dated 29th June, 2016 passed by the

Additional Collector (I), Alwar (Rajasthan).

Learned counsel submitted that the petitioners were issued notice under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short “the Act

of 1956â€) on 2nd November, 2015 and on such notice, the Tehsildar, Behror passed an order dated 19th November, 2015 directing eviction of the

petitioners and further, penalty was also imposed.

Learned counsel submitted that the order dated 19th November, 2015 was assailed and the Appellate Authority, i.e., the Additional Collector set aside

the order dated 19th November, 2015 and remanded the matter back to the Tehsildar to carry out the measurement of the land and the said

measurement was to be done in the presence of the petitioners after giving them adequate opportunity.

Learned counsel submitted that the order dated 29th June, 2016 was not complied with in spite of several representations given by the petitioners.

Learned counsel submitted that the authorities once conducted survey on 20th June, 2019 but they did not carry out the measurement on the pretext of

the land being adjacent to the boundaries of the State of Haryana.

Learned counsel submitted that after 20th June, 2019, no exercise has been done as per the direction, which was issued by the Appellate Authority as

back as on 29th June, 2016.

Learned counsel for the petitioners submitted that this Court is required to give direction for measurement along with the videography with regard to

Khasra No.591 situated in Village Utoli, Tehsil Behror, District Alwar.

This Court finds that Section 9 of the Act of 1956 gives power to the Board of Revenue of general superintendence over all the subordinate revenue

courts and all the revenue officers. The Board of Revenue has to see that the orders, which are passed by the Revenue Courts and their officers, are

implemented and as such, the Board of Revenue has to exercise its power as per Section 9 of the Act of 1956.

This Court straightway cannot give any direction to carry out the measurement of the land of the petitioners. The petitioners are free to approach the

Board of Revenue for invoking their power under Section 9 of the Act of 1956. It is expected of the Board of Revenue that they will consider the

grievance of the petitioners and would act promptly as per the power conferred on them in Section 9 of the Act of 1956.

With the aforesaid directions, the present writ petition stands disposed of.