1 S. B. CIVIL WRIT PETITION NO.2220/2008 NOORDEEN V. THE STATE OF RAJASTHAN & ANOTHER. DATE OF ORDER ::: 04/04/2008 HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. N.K.Goyal, for Petitioner (s). This writ petition is directed against the order dated 18.03.2008, whereby the proceedings initiated against the petitioners resulted in adverse order taking petitioner to be a trespasser. Learned counsel for the petitioner contends that though the petitioner was in possession of the land in dispute for the last several years, yet instead of regularizing his possession, an order for eviction has been passed. It is further contended that as per the notification issued by the Government itself, which otherwise has been placed at Annexure-1, the case of the petitioner was required to be considered, inasmuch as the Rule 21-A provides for regularization of cases of trespasser. The 2 perusal of rule shows that the cases of regularization can be considered by the Advisory Committee, if one is in possession of the land to the extent permissible limit of ceiling on or before 01.01.1996, for a period of five years. From the record, it is coming out that even after amendment being made in the year, 2004, the petitioner has not made an application before the Advisory Committee for regularization of his possession, rather by the impugned order, it has been observed that the petitioner can move an application for regularization of possession before the Advisory Committee as Tehsildar is not competent to regularize the possession of a trespasser. In view of the above, the petitioner having not been given benefit of regularization of possession by making allotment as per provisions of Rule 21A, he has rightly been considered to be trespasser and accordingly passed the impugned order. In view of the above, I do not find any error in the order impugned. However, in the impugned order itself, liberty has been given to the petitioner that he may move an application for regularization of his possession before 3 the Competent Committee. Thus so far as this writ petition is concerned, I do not find any substance, hence same is dismissed. (M. N. BHANDARI), J. scd