- (1.) Heard learned counsel for the petitioners.
(2.) Petitioners are residents of Village Mangeriya, Tehsil Bhopalgarh, District Jodhpur. They have preferred this writ petition with the averment that land bearing Khasra No.325 situated in Village Mangeriya is a government land, which has wrongly been encroached by respondent No.4, Jeevan Ram and respondent No.5, Om Prakash. It is submitted that Tehsildar, Bhopalgarh has already passed an order for their dispossession vide order dated 28 th June, 2012, while exercising its powers under Section 91 of the Land Revenue Act, 1956, but still the respondent Nos.4 and 5 have not removed their encroachment from the government land. It has further submitted that Villagers of Village Mangeriya including the Sarpanch, Gram Panchayat Mangeriya also filed a representation dated 7 th September, 2012 (Annex.6) to District Collector, Jodhpur, but no action has been taken in this regard for dispossession of the respondent Nos.4 and 5 from the government land. It is also submitted that respondent Nos.4 and 5 have filed a Civil Suit in the Court of Civil Judge (Junior Division), Pipar Sahar, whereas Civil Court has no jurisdiction to hear the matters relating to agriculture land i.e. revenue suit, therefore, order passed by Civil Judge (Junior Division) is also without jurisdiction.
(3.) We have considered the submissions of learned counsel for the petitioners. It appears from the order of Tehsildar dated 28 th June, 2012 that respondent No.4, Jeevan Ram has encroached upon government land and an order was passed against him for his dispossession. So far as civil suit and application under Order 39 Rule 1 and 2 CPC (Annex.8) is concerned, learned counsel for petitioners admits that there is no reference of agriculture land i.e. land bearing Khasra No.325 in the same, therefore, it is not proper to comment anything on the order passed by Civil Court.;