- (1.) THE petitioner herein, while asserting that he is in possession of the agricultural land as comprised in khasras Nos. 697/927 and 115/1 of Gramdani Village Bherwa, District Jaisalmer, has filed this writ petition stating the grievance that the respondents have not regularised the land in his favour despite himself being in possession for over 22 years; and that he is sought to be dispossessed without due process of law and without opportunity of hearing.
(2.) FROM the averments as taken in the petition, the case of the petitioner is that he is living at the land in question with his family after constructing a Jhupa and water tank. It is submitted that in the year 2003, the respondents tried to dispossess the petitioner and in the circumstances, he approached the higher revenue authorities and, after their intervention, the respondent No. 2 [the Chairman, Gramdhani Village Bherwa] closed the chapter but did not regularise the land in question in favour of the petitioner. It is also submitted that in the year 2010, the respondent No. 2 again made the efforts to dispossess the petitioner from the land in question wherefor he served a legal notice on the higher authorities and by their interference, he got some relief; but now, the respondent No. 2 is trying to use force and to dispossess the petitioner. It is further submitted that a notice (Annex. 9) was served upon the petitioner after filing of this writ petition wherein, the date "20.06.2012" was altered to "12.06.2012". It is submitted that by way of this notice, the petitioner is sought to be dispossessed from the land in question forcibly and even without affording an opportunity of hearing. From the submissions as made in the writ petition, this much is clear that the petitioner is not in settled possession of the land in question and proceedings had been adopted earlier too for his dispossession but according to the petitioner, he had been able to retain the possession with so-called 'intervention of the higher authorities'. However, no order passed by any of the authorities in any of the proceedings qua the petitioner has been placed on record. A so-called communication sent by the Tehsildar, Jaisalmer on 23.09.2003 (Annex.4) to the Land Record Inspector, Chandhan for carrying out enquiry in relation to allotment in Gramdani Village Bherwa and regularisation of possession, is neither here nor there. Nothing of any legal right could be considered existing in the petitioner on the basis of this generalized communication. In any case, the submissions as sought to be made by the petitioner in this matter obviously and directly co-relate with such aspects of facts which cannot be gone into and adjudicated upon in the writ jurisdiction of this Court. So far the notice Annexure-9 is concerned, though a copy of the same has been placed on record but no corresponding relief has been claimed in the writ petition. Be that as it may. Nothing much turns upon the alleged alteration of the date therein, because from the averments as taken by the petitioner himself, it appears that he has been alleged to be a trespasser over the land of the Gramdani Village, Bherwa. Some copies of the khasra Girdavaries have been placed on record; and even if these copies show the aspect of cultivatory possession of the petitioner over the land in question between the years 1990 to 2001, this Court is unable to find any cogent evidence that the petitioner has been in settled possession of the land in question. As noticed, from the year 2003, according to the petitioner himself, the proceedings were afoot to dispossess him. For the petitioner failing to make out a case of infringement of an existing legal right, this Court is not inclined to entertain the matter in the writ jurisdiction. This Court would hasten to observe that the observations hereinabove are essentially for the purpose of making it clear that the matter is not worth consideration in the writ jurisdiction; and else, the petitioner is free to take recourse to the appropriate remedies in accordance with law inviting inquiry into factual aspects.
(3.) SUBJECT to the observations foregoing, this writ petition sands dismissed.;