CW 7570/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.7570/2010 Lord Buddha Institute of Technology & Science College Samiti, Kota Vs. State of Raj. & Ors. Date Of Order :: 25/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Mahendra Singh, for petitioner. Instant petition has been filed by the petitioner-institution against the notices issued by the Tehsildar, UIT, Kota in exercise of powers u/s.92A of the UIT Act,1959 and at the same time a further notice has also been issued u/s.91 of the Land Revenue Act,1956. Counsel submits that land in question was purchased from the allottee to whom it was allotted by Gram Panchayat through a registered sale deed and in such circumstances the petitioner is holding valid possession of the property in question and however, in the notices being issued, in exercise of powers u/s.92A of the UIT Act,1959 and u/s.91 of the Land Revenue Act, the authority has expressed its opinion that petitioner is encroacher over the government land and called upon to hand over the vacant possession of the property and affording opportunity of hearing is an empty formality. Counsel further submits that under the terms and conditions the permission has been CW 7570/10 (2) granted by MDS University, Kota which they are running against the time schedule and they are likely to carry out construction within a very short period, the petitioner, at least, may be permitted to raise construction at its own risk and peril. The submission made in regard to notices being served upon the petitioner u/s.92A of the UIT Act & 91 of the Land Revenue Act, expressing opinion to the effect that the petitioner is encroacher over the government land, is wholly without substance for the reason that the notice only discloses about the land which is in their possession and only a prima facie opinion has been expressed on notice being issued that they appears to be encroachers over the government land, but what has been construed by the petitioner while notices being served, is wholly without substance and petitioner is always at liberty to appear before the authority and submit their documents in support of the claim and if such submissions are made duly supported by documentary evidence, it is expected from the authority to examine the same and take appropriate action after due compliance of principles of natural justice in accordance with law. Even from perusal of the notice served, what has been CW 7570/10 (3) construed of the final opinion being expressed, it is not made out and if at all, the authority passes the order in reference to notice served, certainly liberty is available with the petitioner to approach the appellate authority. So far as the submission made seeking permission to raise construction at their own risk and peril is concerned, it is always open for the petitioner to make a prayer to the authority before whom the matter is sub-judice and no opinion can be expressed by the Court at this stage. Consequently, the petition is without substance and is hereby dismissed. (Ajay Rastogi),J. VS Shekhawat/-p.3 7570cw10May25Fnl.doc