G.K.VYAS,J. - (1.) The instant special appeal has been filed by the appellants against the judgment dated 21st November, 2016 passed by learned Single Judge in SBCWP No. 11288/2015 (LR's of Keshulal v. Board of Revenue and Ors.), whereby the learned Single Judge dismissed the writ petition filed by the appellants against the order of Board of Revenue, Ajmer dated 03.07.2014.
(2.) As per brief facts of the case the Up-Tehsildar, Kanoda, District Udaipur upon receipt of report of Patwari for encroachment of the land of way registered proceedings against Sh. Keshulal, father of appellants, under Section 91 of the Rajasthan Land Revenue Act, 1956 (for brevity, hereinafter referred to as "Act of 1956") and issued show cause notice to the appellants? father to appear before him on 28.04.2010. The father of the appellants appeared before the Up-Teshldar and filed his reply to the show cause notice and after considering the reply filed by the father of the appellants, the Up-Tehsildar passed order on 28.04.2010 to remove the encroachment made by the appellants' father on the way in Khasra No. 999.
(3.) Against the said order passed by the Up-Teshldar, an appeal was preferred by the appellants? father before the District Collector, Udaipur, but the same was dismissed by learned District Collector vide order dated 11.10.2010 and upheld the order of Up-Tehsildar, Kanoda to remove the encroachment on the way.;