PRADEEP NANDRAJOG,J. - (1.) D.B. Civil Misc. Application No. 2/2018: The application seeking leave to file the misc. application is allowed. D.B. Civil Misc. Application No. 1/2018: The application for taking documents on record is allowed. D.B. Civil Misc. Application No. 271/2018: Applicants seek recall of the order dated 16.04.2018 disposing of the writ petition. The order reads as under:- "(1) In para 4.2 of the writ petition it is pleaded as under:- "4.2) That land in question is situated at Village Soti, Gram Panchayat Pratapura, Panchayat Samiti, Jhunjhnu, District Jhunjhunu (Raj.) where allotting khasras No. 94,95,96,128,129,157 to 164, 201 to 203, 207, 209 to 211, 218, 225 to 232, 237 to 240, 242 to 246, 247/384, 249, 254, 256 to 259, 262, 299, 301, 302, 306 and 307 total khasras of 51 and total area of 26.5700 hectare allotted by the State for the purpose of pond in charagah land. However, it is pointed here that the land in question had allotted by the State Government for the purpose of Charagah and pond and since same was made by due process of law. However, out of total area of 26.5700 hectare, some nature of land have been changed by the State Government for the purpose of school, Anganbadi Centre and Health Centre that is in khasra No. 250/383 area of 0.040000, Khasra No. 218/385 area of 0.0800 and khasra No. 247, 248, 250 and 251 total area of 0.8100. Thus, except three types of land the remaining land is recorded with the name of State Government for the purpose of Charagah and pond. The petitioner also obtained certified copy of jambandi upto the year 2017 with map which clearly reflects that the land in question is recorded with the name of State Government and purpose of allotment is charagah. The true and correct photostat copy of latest jamabandis along with map are enclosed herewith and marked as ANNEXURE-1 collectively." (2) Grievance is to the encroachments being removed by taking action against the encroachers. In the reply filed it is disputed that the averments made in para 4.2 are incorrect. In fact it is admitted that land is either Charagarh or Johad. It is pleaded in the reply that the Tehsildar has proceeded to take action under Section 91 of the Rajasthan Land Revenue Act, 1956. The list of encroachers who have been identified are stated to be as per Schedule-I to the reply. The encroachers are 81 in number. (3) After the reply was filed an additional affidavit has been filed in which it is stated that some encroachers produced pattas. (4) The additional affidavit does bring out whether the so called 'some encroachers' were out of the list of 81 persons whose names have been disclosed in Schedule-I of the reply or they are other persons. (5) If the persons referred to in the additional affidavit are out of the list of 81 persons referred to in Schedule-I to the reply filed the question would arise as to how pattas were issued pertaining to Charagah land and Johad. (6) Learned Additional Advocate General says that probably reference in the additional affidavit is to those persons to whom pattas were issued qua Abadi land. (7) The writ petition is concerned with Charagah land and land comprising Johad. The writ petition does concern any other land. (8) As noted hereinabaove, in para 4.2 in the writ petition it is clearly pleaded that the lands referred to in the khasras are shown in the revenue record as either Charagarh land or Johad. The reply filed admits the said fact. (9) We dispose of the writ petition directing the Collector, District Jhunjhunu to ensure that the Tehsildar incharge of the Village completes the procedure initiated against the encroachers as per law within a period of six months from today and encroachers on lands shown in the revenue record and recorded as Charagah and Johad be removed."
(2.) Suffice it to state that the order notes lack of pleadings before the Bench when the order dated 16.04.2018 was passed. The order notes that some people who were said to be encroachers were relying upon pattas. The order notes that pattas could be issued qua Abadi land and qua Charagah land and Johad land. The order records that action would be taken only against Charagah land and Johad land and that the same would be in accordance with law.
(3.) Notices seem to have been issued to the applicants. As per the applicants they have pattas in their favour.;