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Judgment
This intra court appeal is directed against order dated 28.8.18 passed by the learned Single Judge of this court, whereby the writ petition preferred
by the respondent no.1-Rajmata Ji Sthan Deh seeking direction for implementation of the order passed by the Tehsildar, Asind, for removal of the
encroachment made on the land forming part of the public way, comprising khasra no.3400 of revenue village Asind, has been disposed of with the
directions to the Tehsildar, Asind to take appropriate steps for execution of the order dated 16.6.14 within a period of two months from the date of
receipt of certified copy of the order, subject to contrary order passed by a superior Court.
The appeal preferred by the appellants is accompanied by an application seeking leave to appeal inasmuch as, the appellants though effected by the
directions sought were not impleaded party respondents in the writ petition.
Taking into consideration the facts and circumstances of the case, the application seeking leave to appeal is allowed.
Heard learned counsel for the appellants.
Learned counsel appearing for the appellants submitted that in compliance of the order passed by the learned Single Judge, the Tehsildar, Asind has
initiated proceedings against the appellants for removal of the construction raised by them over the lands, which were purchased by them from the
persons holding valid title and therefore, the order impugned passed by the learned Single Judge straight away directing removal of the appellants from
the disputed land is not just and proper.
Indisputably, vide orders dated 16.6.14 passed by the Tehsildar, Asind in proceedings under Section 91 of Rajasthan Land Revenue Act, 1956, the
encroachment made by the appellants herein over the land in question forming part of the public way was directed to be removed and the penalty was
imposed. A bare perusal of the orders passed by Tehsildar, Asind, available on record of Writ Petition No.5393/18, which stands decided by the
learned Single Judge by the order impugned, reveal that the order evicting the appellants from the lands in their unauthorised occupation was passed
after giving them an opportunity of hearing. It is not the case of the appellants that the legality of orders passed by Tehsildar, Asind was questioned by
them by availing the appropriate remedy available under the relevant statute and thus, the orders passed as aforesaid by Tehsildar, Asind have attained
finality. Moreover, it is pertinent to note that the learned Single Judge while passing the order under appeal, has issued directions for implementation of
the orders passed by the Tehsildar, Asind, subject to contrary order, if any, passed by the superior court. Thus, the appellants are not precluded from
questioning the legality of the orders passed by the Tehsildar, Asind by availing the appropriate remedy available under the law.
In view of the discussion above, the order impugned passed by the learned Single Judge directing implementation of the orders passed by Tehsildar,
Asind subject to contrary order, if any, passed by the superior court, does not warrant any interference by us in exercise of intra court appeal
jurisdiction.
The intra court appeal is therefore, dismissed.