Ajay Rastogi, J. - (1.) Instant petition has been filed by the petitioner-institution against the notices issued by the Tehsildar, UIT, Kota in exercise of powers under section 92A of the UIT Act,1959 and at the same time a further notice has also been issued under section 91 of the Land Revenue Act, 1956.
(2.) Counsel submits that land in question was purchased from the allottee to whom it was allotted by Gram Panchayat through a registered sale deed and in such circumstances the petitioner is holding valid possession of the property in question and however, in the notices being issued, in exercise of powers under section 92A of the UIT Act,1959 and under section 91 of the Land Revenue Act, the authority has expressed its opinion that petitioner is encroacher over the government land and called upon to hand over the vacant possession of the property and affording opportunity of hearing is an empty formality.
(3.) Counsel further submits that under the terms and conditions the permission has been granted by MDS University, Kota which they are running against the time schedule and they are likely to carry out construction within a very short period, the petitioner, at least, may be permitted to raise construction at its own risk and peril.;