Sangeet Lodha, J. - (1.) THIS writ petition is directed against the proceeding initiated by the Tehsildar, Shahpura, District Bhilwara, in exercise of the power conferred under Sec. 91 of the Rajasthan Land Revenue Act, 1956 ("the Act"). The relevant facts are that the petitioner is in possession of the land ad -measuring 62.73 Square Meters comprising Khasra No. 5009. It is alleged that the petitioner has encroached upon the Government land and therefore, proceedings under Sec. 91 of the Act have been initiated against him.
(2.) LEARNED counsel for the petitioner submits that the petitioner claims to be in possession of the said land under a valid patta/allotment order dt. 21.12.1954 issued by the Municipal Board, Shahpura in favour of ancestor of the petitioner, and therefore, Tehsildar could not have initiated the proceedings under Sec. 91 of the Act. It is not disputed before this Court that in response to the notice, instead of filing reply thereto before the authority concerned, the petitioner has straightaway approached this Court. If the petitioner is in possession of the land in dispute under any valid patta/allotment order issued by the competent authority, it is open for the petitioner to make submissions in this regard before the authority concerned and obviously the appropriate action shall be taken by the authority concerned in accordance with law, after due consideration of the submissions to be made by the petitioner in response to the notice. Moreover, if any order adverse to the petitioner is passed by the authority concerned, the effective and efficacious remedy is available to the petitioner under the relevant statute.
(3.) THUS , on the facts and in the circumstances of the case, there is absolutely no reason why the petitioner should be permitted to invoke the extra -ordinary jurisdiction of this Court at this stage. Accordingly, the writ petition is disposed of with the observations as above. The authority concerned shall pass the appropriate order after due consideration of the reply to be filed by the petitioner, within a period of two months from the date of receipt of certified copy of this order. The petitioner shall not be dispossessed from the land in question till then.;