- (1.) Heard Mr.Sanjay Joshi, learned counsel for the appellants.
(2.) The challenge is laid against the order dated 17.10.2013 rendered in S.B. Civil Writ Petition No.17221/2013 based on the judgment and order dated 20.9.2013 passed in a batch of writ petitions, lead case being S.B. Civil Writ Petition No.17009/2013 (Shankar & Ors. Vs. State of Rajasthan & Ors.).
(3.) The facts, shortly put, are that a proceeding under Section 91 read with Section 91(3) of the Land Revenue Act, 1956 (for short, hereafter referred to as 'the Act') was initiated against the appellants/writ petitioners on the basis of a report of the patwari of Village Chouru to the effect that they (appellants/writ petitioners) had encroached over a land measuring 0.10 hectare and located in khasra No.500, which was a sawai chak land. According to the appellants/writ petitioners, they did never encroach upon the aforementioned land and in fact do not reside in Village Chouru for last several years. Contending that they all are residents of Jaipur, they have denied to have raised any construction on the said land, as alleged. They have asserted that in any view of the matter, no notice of the above-referred proceeding was served on them, and notwithstanding this, respondent No.2-Deputy Tehsildar, Uniyara, Tehsil Uniyara, District Tonk on 19.8.2011, recorded a finding that they were encroachers of the land, as reported, and on convicting them under Section 91(3) of the Act, directed their civil imprisonment for three months. This order, according to the appellants/writ petitioners, was passed ex parte as they did neither receive any notice of the proceeding nor had appeared before the respondent No.2. Being aggrieved, they preferred an appeal against the order dated 19.8.2011 before the District Collector Tonk under Section 75 of the Act, which was also dismissed. They then filed another appeal before the learned Settlement Officer -cum- Revenue Appellate Authority, Tonk, which also failed. They having unsuccessfully pleaded against these decisions before the learned Single Judge, are in appeal for redress.;