Govind Mathur, J. - (1.) By order dated 17.11.1982 the Gram Panchayat, Kalbas (Churu) instructed the petitioners to remove encroachment form the public land and also imposed penalty for making encroachment on public land. The petitioners gave challenge to the order dated 17.11.1982 by way of filing an appeal before the Panchayat Samiti, Taranagar (Churu). The Administrative Committee of the Panchayat Samiti by its order dated 21.6.1988/29.4.1988 dismissed the appeal with an order to remove encroachment made by the petitioners upon urban land within the jurisdiction of Gram Panchayat, Kalbas. The Administrative Standing Committee while rejecting the appeal under the order dated 21.6.1988 relied upon an inspection report dated 28.4.1988. A copy of the inspection report dated 28.4.1988 is available on record as Anx.7. The order passed by the Panchayat Samiti, Taranagar bears two dates of judgment, those are 29.4.1988 and 21.6.1988, therefore, both are referred in this order.
(2.) Being aggrieved by order dated 29.4.1988/21.6.1988 the petitioners preferred a revision petition before Collector, Churu which also came to be rejected by order dated 8.8.1995. The Collector, Churu while rejecting revision petition held that the petitioners are having encroachment on a precious land of Gram Panchayat as well as on public way which is required to be removed. Being aggrieved by the orders of Gram Panchayat, Kalbas, Panchayat Samiti, Churu and the Collector, Churu instant writ petition is preferred by the petitioners.
(3.) It is contended by counsel for the petitioners that the petitioners rave not made any encroachment on panchayat land. The land in their possession is under their holding from last more than 50 years. It is also contended by counsel for the petitioners that no encroachment on a public way as averred by the Collector, Churu in the order dated 8.8.1995 was made. It is emphasised on behalf of the petitioners that the inspection report Anx.7 was not prepared by any Committee but was prepared by Vikas Adhikari of the Panchayat Samiti without inspecting the site and no for information was ever given by the Panchayat Samiti to the petitioners with regard to inspection which is said to be made on 28.4.1988.;