1 S. B. CRIMINAL MISC. PETITION NO. 1587/2007 GOPAL V. STATE OF RAJASTHAN & ANOTHER. DATE: 18/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr.Rakesh Arora, for Petitioner (s). Mr.S.N.Tiwari, PP, for State. Preferring this petition under Section 482, Cr.P.C., petitioner seeks quashing of FIR No.72/07, Police Station Badnaur, registered against him for the offence of Section 91 (6) of the Rajasthan Land Revenue Act. Learned counsel for the petitioner argued that FIR is registered on the complaint of Additional Tehsildar in relation to land 0.05 hectare of Khasra No.2210, alleging petitioner to be a trespasser, whereas (1) “Patta” of this land issued in April, 1991, by Panchayat in favour of petitioner. (2) Petitioner in possession since 1991 who has also constructed on this land. (3) FIR can be registered only after following procedure as laid down under Section 91 of the Land Revenue Act. (4) Prior to any such action, notice to said encroacher and disposal of his objections is necessary which procedure is not followed. (5) When petitioner is in lawful possession in his own right, he cannot be said to be trespasser. Learned Public Prosecutor, rebutting above arguments, stated that notice under Section 91 was given to the petitioner and if any “Patta” is alleged, its genuineness itself may be under disputed. Considered arguments. As per provisions of Section 91 of the Land Revenue Act, a person who occupies any land without lawful authority (trespasser) can be evicted following the procedure laid down – authority as described in Section 91 itself may take coercive action for eviction – for cases being covered under sub-section (2), notice is essential and on representation, being rejected, the proceedings can be. Above arguments on behalf of the petitioner are based on facts 2 which may be subject-matter of investigation and Annex.3 is the copy of the notice given to petitioner under Section 91 to petitioner on 29.7.06. Considering all these, no material exists for quashing of FIR and petition is liable to be rejected. Accordingly, the petition is rejected. (C. M. TOTLA), J. scd