Sunil Kumar Garg, J. - (1.) This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner against the respondents on 8.1.99 with a prayer that by an appropriate writ, order or direction the order dated. 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti whereby the petitioner was directed to remove the encroachment and the judgment dated. 24.9.98 (Annex. 7) passed by the learned Additional Collector, Nagaur (respondent No. 1) whereby the revision petition filed by respondent No. 2 (Gram Panchayat, Kathoti) was allowed and the order dated. 18.11.78 (Annex. 3) and order dated. 30.11.78 (Annex. 4), passed by the Gram Panchayat, Kathoti (respondent No. 2) were restored, be quashed are set aside.
(2.) The facts as put forward by the petitioner are as under : (i) That the petitioner resides in a house constructed on his ancestral plot situated in village Kathoti, Tehsil Jayal, Dist. Nagaur. The petitioner also uses a part of ancestral plot as bara for cattle shelter and fodder reservoir. (ii) That the land in question is in possession of the petitioner and his forefathers for the time immemorial. (ii) That the Sarpanch of the Gram Panchayat Kathoti (respondent No. 2) gave a notice to the petitioner on 1.10.78 (Annex. 1) and asked the petitioner to remove encroachment. The petitioner filed reply on 7.10.78 (Annex. 2) to the said notice (Annex. 1) dated. 1.10.78. (iii) That despite filing of the reply by the petitioner, the respondents No. 2 (Gram Panchayat Kathoti) passed orders dated. 18.11.78 (Annex. 3) and the order dated. 30.11.78 (Annex. 4) against the petitioner directing the petitioner to remove encroachment and also imposing penalty as mentioned in these orders. (iv) That against the order dated. 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti, the petitioner preferred an appeal before the Panchayat Samiti, Jayal and the Panchayat Samiti, Jayal allowed the appeal filed by the petitioner through his judgment dated. 16.11.86 (Annex. 6) and quashed the order 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2). (v) That aggrieved from the judgment dated. 6.11.86 (Annex. 6), the Gram Panchayat Kathoti (respondent No. 2) preferred revision petition before the Addl. Collector, Nagaur (respondent No. 1) and the Addl. Collector, Nagaur (respondent No. 1) through his judgment dated. 24.9.98 (Annex. 7) accepted the revision petition filed by the respondent No. 2 (Gram Panchayat, Kathoti) and set aside the judgment dated. 6.11.86 (Annex. 6) passed by the Panchayat Samiti, Jaya[ and restored the orders dated. 18.11.78 (Annex. 3) and 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2). Hence, this writ petition with the abovementioned prayer.
(3.) Reply to the writ petition was filed by the respondents.;