LR OF KESHAR DEO LOHIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHILE stating the grievance that he has been deprived of his property in an unlawful manner; and that he has been dispossessed without due process of law, the petitioner Keshar Deo Lohia (since deceased and represented by his son) filed this writ petition on 03.01.1989 claiming the reliefs in the form: that writ of mandamus be issued directing the respondents to vacate the property in dispute; that further writ of mandamus be issued for demolition of the constructions made by the respondents on the property in dispute; that with a writ of certiorari, the orders passed against the right, title and interest of the petitioner be quashed; and that by a writ of prohibition, the respondents be restrained from encroaching upon the property in dispute.

(2.) THE reliefs aforesaid have been claimed in relation to the plots of land said to be bearing numbers 9, 11, 29, 30, 31, 32, 76, 79, 80, 98, 119, 120, 140, 141, 164 and 165 situated near Railway Station, Churu (also referred herein as 'the property in dispute'/'the said plots'). The petitioner has averred in the petition that himself and his late father Jamunadhar Lohia purchased the said plots of land, 16 in number, in the year 1942 in public auction from the then Government of Bikaner State; and that the said Government of Bikaner State accepted the consideration in respect of said plots of land, issued receipts thereof in the month of August 1942, and transferred the right, title and interest in favour of the purchasers by issuing the so -called 'kuchcha pattas'. While producing the copies of some such receipts and kuchcha pattas collectively as Annexure -A, the petitioner has averred that immediately after the sale, the Government of Bikaner State handed over possession of the said plots to himself and his father for the purpose of development of abadi and for erection of boundary wall within one year from the date of sale; and this time period came to be extended up to 31.12.1951.

(3.) THE petitioner has alleged that though he had deposited kuchcha pattas with the respondent No. 5 (the Tehsildar, Churu) after submission of the reports and recommendations for the purpose of obtaining pucca pattas and had also constructed pucca boundary wall on the southern side of plot No. 80 but 'in the meantime' the respondent No. 3 (the Collector, Churu), in a clandestine manner while joining hands with the respondents Nos. 4, 7 and 8 (the Chairman, Municipal Board, Churu, the Superintendent of Police, Churu and the Dy. Superintendent of Police, Churu respectively), intentionally 'made a rampage over the said properties' and removed the existing constructions and fencing; and 'illegally took over possession of the said plots of land without any authority of law and dispossessed the petitioner'. The petitioner has stated that in this manner, jeopardising his right, title and interest over the said plots, the respondents took away the stone slabs to the Municipal Board Office though they were well aware that the properties were belonging to him. The petitioner has then alleged that the incident was also flashed in two local newspapers, namely 'Churu Keshari' dated 15.12.1986 and 'Yuvak' dated 12.12.1986; and has annexed copies thereof as Annexure -D.