- (1.) THE petitioners by this petition have prayed for the appropriate writ to direct the respondent-Deputy Collector to handover the possession of the land alloted to the petitioners under Annexure-A and the petitioners have also prayed to direct the respondent-Deputy Collector to regularize the agricultural land encroached by the petitioners and Mr.Parmar, learned advocate for the petitioners during the course of the hearing submitted that he is not pressing the prayer 8(c) and 8(d).
(2.) IT appears that as per the petitioners vide order dated 6.3.1983, copy whereof is produced at Annexure-A, the land ad-measuring 3 Acres has been alloted to the petitioner whose name is mentioned at serial number 40 in the list. As per the petitioner, the said land has not been handed over. It also appears that as the petitioner anticipating the allotment of the aforesaid land, has encroached over the land ad-measuring 12 Acres bearing Survey No.62, 76 and 78. Therefore, the prayer of the petitioner is to handover the possession of the land which has been alloted to him and the encroachment made by him over the land ad-measuring 12 Acres be regularized. On behalf of the respondent, affidavit-in-reply has been filed; wherein at paragraph Nos.5 and 6, it has been contended inter-alia that the land which was proposed to be alloted vide order dated 6.3.1983 is a part of protected forest . Therefore, the possession could not be handed over. It has also been submitted that the petitioner has encroached over the forest land and therefore, such may not be regularized. It has also been stated in the affidavit-in-reply that the petitioner No.1 had preferred Regular Civil Suit No.563 of 1986 and the said suit came to be dismissed on 29.11.1988 and the said material fact has been suppressed by the petitioner in the present petition. Under the circumstances, it is prayed that the petition be dismissed.
(3.) AS per the petitioner, the land ad-measuring 3 Acres is not a part of the forest land, whereas, as per the respondent authority, the land is of survey No.62/1 is a part of the forest land. After the allotment of the land, if it has come to the notice of the Authority that the land is part of the protected forest land and the possession is not handed over, such action cannot be said to be arbitrary or unjust as sought to be canvassed.;