- (1.) THIS is a shocking case of Government's inaction leaving the petitioners no remedy except to approach this Court in spite of having succeeded in proceedings under Section 183B of the Rajasthan Tenancy Act, 1955 (hereinafter 'the Act of 1955') before the Tehsildar, Jhunjhunu and thereafter in appellate proceedings before the Collector, Jhunjhunu.
(2.) THE facts of the case are that the petitioners claim khatedari of khasra Nos.1320, 1321, 1322 admeasuring 9 bighas 6 biswas situate at village Jhunjhunu, Tehsil and District Jhunjhunu as successors of one Jadav Bai as per the provisions of Hindu Succession Act, 1956. Following the death of Jadav Bai as her successors in interest, the petitioners filed an application under Section 183B of the Act of 1955 before the Tehsildar, Jhunjhunu for ejectment of those in unauthorized occupation of the land in issue in view of the specific provision of law that non-schedule caste persons cannot be in possession, in any manner whatsoever, of land in the recorded khatedari of schedule caste persons as the petitioners are. It was stated in the application that without any right, non-schedule caste persons had come into possession of the said land and even unauthorizedly made construction thereon. It was prayed that such persons be evicted and the petitioners be put in possession. The Tehsildar, Jhunjhunu allowed the application vide his order dated 31.03.2010 holding that those who were in unauthorized possession of agricultural land in khasra Nos.1320, 1321, 1322 at measuring 9 bighas 6 biswas were liable to be ejected. Aggrieved of the order dated 31.03.2010, an appeal was filed by those, in unauthorized occupation in khasra Nos.1320, 1321, 1322, before the District Collector, Jhunjhunu. Vide order dated 09.05.2012, the said appeal was dismissed. A further appeal against the order dated 09.05.2012, passed by the Collector, Jhunjhunu appears to be pending before the Board of Revenue. However no interim directions for the protection of the appellants before the Board of Revenue have been passed, nor the order dated 09.05.2012, passed by the Collector, Jhunjhunu upholding the order dated 31.03.2010, passed by the Tehsildar, Jhunjhunu, stayed.
(3.) IN these circumstances, the petitioners, moved an application on 11.06.2012 before the Tehsildar, Jhunjhunu for execution of the order dated 31.03.2010. It is relevant to record that the land in dispute presently stands in the name of the petitioners in the revenue records effective 12.06.2006 vide mutation No.92. An appeal under Section 75 of the Land Revenue Act, 1956 (hereinafter 'the Act of 1956') has also been dismissed by the Collector, Jhunjhunu on 09.05.2012.;