1 S.B. CIVIL WRIT PETITION NO.84/2003 Shyam Sunder vs The State of Rajasthan & Anr. DATE OF ORDER : - 4.7.2007 HON'BLE MR.PRAKASH TATIA,J. Mr. Tarun Joshi,for the petitioner. Mr. OP Boob, Addl. GA for the respondent-State. <><><> The present writ petition deserves to be allowed merely on the ground that no opportunity of hearing was afforded to the petitioner before passing the order dated 5.8.2002 (Annex.4) rejecting the petitioner's application for regularization of land, which he sought when the Tehsildar, Merta vide Annex.1 asked the concerned authority (the Patwari) to prepare the case for regularization of encroachment made upon the Government land. The petitioner deposited some amount for regularization of his encroachment. According to the petitioner without affording any opportunity of hearing, his said application was rejected by the Tehsildar, Merta vide order dated 5.8.2002 (Annex.4). In view of the above, the writ petition of the petitioner is allowed. The order of the Tehsildar, Merta dated 5.8.2002 (Annex.4) is quashed and set aside and the matter is remanded 2 back to the Tehsildar, Merta to pass a fresh order on the petitioner's application for conversion of land. It is made clear that in case the land is Gochar land then no regularization be made. The Tehsildar, Merta is, therefore, directed to act within the strict framework of the rules while passing any order granting regularization or refusing regularization of the land and shall only pass the order of the regularization if it is lawful otherwise not regularize the land. However, till the matter is decided by the Tehsildar, Merta, the petitioner shall not be dispossessed from the land in question. The petitioner shall appear before the Tehsildar, Merta on 1st August, 2007 and the Tehsildar, Merta shall decide the matter within two months thereafter. (PRAKASH TATIA), J. c.p.goyal/-