The Rajasthan High Court has recently disposed of a Public Interest Litigation (PIL) filed on the ground that, even though, order has been passed by Tehsildar in exercise of the powers under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘the Act’), way back 04.08.2021, the order is not being executed.
According to the petitioners (Nekiram and others), the order passed by the Tehsildar in exercise of the powers under Section 91 of the Act is executable under the scheme of the Act.
The Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain held that there is no averment made in the petition, whether any person, against whom the execution of order has been sought, has taken recourse to remedy of the appeal provided under the law.
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Therefore, at this stage, the Court observe that if the order of eviction passed by the Tehsildar under Section 91 of the Act has attained finality and has not been challenged and none of the persons affected has taken recourse to remedy of the appeal and there is no interim order, it goes without saying that the order is required to be executed in accordance with the scheme of the Act.
Subject to the aforesaid observations, the Court disposed of the petition.