SBCWP No.4410/01. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4410/2001. Subhan Khan Vs. State of Rajasthan & Ors. Date of Order:- December 2, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Punit Singhvi for Shri Rajeev Surana for the petitioner. ******* BY THE COURT:- By the impugned-order dated 27/1/1997 passed by the Tehsildar Govindgarh, District Alwar, petitioner was awarded simple imprisonment for three months with a fine to the tune of Rs.69/-. Petitioner filed appeal against that judgment. Learned Additional District Collector, Alwar dismissed the appeal vide order dated 16/5/1997. It is thereafter that petitioner filed appeal against the order dated 16/5/1997 before the Revenue Appellate Authority and the Revenue Appellate Authority too dismissed the appeal vide order dated 30/11/1998. Petitioner assailed the order dated 30/11/1998 passed by the revenue appellate authority before the Board of Revenue by filing revision petition and the Board of Revenue vide its order dated 16/3/2001 rejected the revision petition. It is thus clear that all the four revenue courts have consistently held the petitioner trespasser. SBCWP No.4410/01. 2 Learned counsel for the petitioner has argued that when he filed writ petition in the year 2001, was 65 years of age and now he is 75 years old. He has already suffered for the act of the trespass, which fact this Court may sympathetically consider. It is contended that this strip of land which was in possession of the petitioner was adjacent to the land of the petitioner and in bonafide manner petitioner considered that he was entitled for allotment of the said adjacent land and further regularization thereof in terms of the government policy. Learned counsel for the respondents has opposed the writ petition. Having regard to the fact that the land for which the trespass has been made by the petitioner had already been taken in possession by the respondents and that the penalty of amount is quite meager, I deem it appropriate to set-aside that part of the order dated 27/1/1997 (Ann.1) by which, simple imprisonment of three months was awarded to the petitioner as penalty. This writ petition is partly allowed with no order as to costs. (MOHAMMAD RAFIQ) J. anil