SANGEET LODHA,J. - (1.) By way of this writ petition, the petitioner has questioned legality of the proceedings initiated by the respondents against the petitioner under Section 177 of Rajasthan Tenancy Act, 1955 (for short 'the Act").
(2.) The relevant facts are that the petitioner purchased agriculture land ad measuring 1-02 bighas comprising khasra no. 131 in 0-01 bighas comprising khasra no. 134 situated at village-Hetamji, Tehsil-Abu Road, District - Sirohi, from the khatedar tenant of the land Smt. Dhapu, vide registered sale deed dated 18.12.12 and accordingly, the land was mutated in the revenue record in his name. According to the petitioner, at the time of purchase of the land in question, a Store Room constructed in the area measuring 600 sq. ft. was already in existence. The grievance of the petitioner is that the Patwari, Mount Abu reported to the Sub Divisional Officer (SD0), Mount Abu, regarding illegal construction raised over the land in question and accordingly, the SDO, Mount Abu has directed Municipal Board, Mount Abu to remove the illegal construction and has also directed the Tehsildar, Abu Road to initiate proceedings under Section 177 of the Act. Pursuant thereto, the Tehsildar, Abu Road has issued a notice under Section 177 of the Act to the petitioner. Hence, this petition.
(3.) Learned counsel appearing for the petitioner contended that the petitioner has not raised any new construction over the land in question and therefore, the notice issued initiating the proceedings for ejectment, is absolutely without jurisdiction. Learned counsel submitted that as per report of the Patwari dated 28.8.15, the existence of new construction is shown whereas, vide report dated 21.8.15, it is reported that the illegal construction earlier raised was removed, however, the petitioner herein has raised new construction. Learned counsel submitted that being khatedar tenant of the land in question, the petitioner is entitled to make improvement over the land to the extent permissible under Section 67 of the Act and therefore, the action of the respondents in initiating the proceedings for ejectment is ex facie illegal and arbitrary.;