1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 2022 of 1996 DILIP TAK V/S STATE & ORS Mr. ANIL VYAS for Mr. SD VYAS, for the appellant / petitioner Mr. BL BHATI, A.G.A., for the respondent Date of Order : 4.1.2008 HON'BLE SHRI N P GUPTA,J. ORDER ----- This petition seeks to challenge Annexure-7, notice issued by Tehsildar, Abu Road informing that on account of his undertaking illegal construction, Case No. 68/95 was registered, and was decided on 6.12.1995, and in execution thereof this notice has been issued. The petitioner has not produced the copy of the order dt. 6.12.1995 so much so that even in the entire writ petition no averment has been made about any proceedings being initiated against the petitioner vide Case No. 68/95 much less it having been decided vide order dt. 6.12.1995. Except making averment about having received a notice under Section 90-A and 91 of the Rajasthan Land Revenue Act but is not disclosed to have been responded to that notice, or to have participated in the proceedings, and has not 2 disclosed the ultimate out come of that proceedings. Obviously it is not shown that the order dt. 6.12.1995 was ever challenged further in hierarchy. That being the position, obviously while executing that order, the Executing Court cannot go behind the question raised in this writ petition, and in absence of any challenge to that order, no fault can be found with this Annexure-7. So far as the petitioner's application alleged to have been filed for conversion is concerned, that applicationis not subject matter of consideration of this Court to be adjudicated on merits. In that view of the matter, more so in view of the prohibitions against construction imposed by Hon'ble the Supreme Court in the relevant area of Mount Abu, it would not be appropriate for this Court to go into the question of petitioner's entitlement to regularisation, or conversion etc. The net result of the aforesaid discussion is that I do not find any merit in the writ petition. The writ petition is, therefore, dismissed. ( N P GUPTA ),J. /Sushil/