Revenue Suit & Proceeding Guide

Eviction of Encroachments (Kabza / Trespass)

Proceedings initiated by the state or landowners against unauthorized trespassers occupying public/private agricultural pasture land (Charagah).

Statutory Source: Section 91 (State Land) & Section 188 (Tenant Protection)

Competent Court: Tehsildar Court (Sec 91) & Sub-Divisional Officer (Sec 188 Injunctions)

Legal Overview & Purpose

Understanding Eviction of Encroachments (Kabza / Trespass)

Encroachment litigation in Rajasthan deals with unlawful occupation of government land, public pasture holdings (Charagah), or private agricultural tenant land. Under Section 91 of the Land Revenue Act 1956, Tehsildars hold summary powers to evict trespassers and demolish unauthorized structures.

Key Provisions & Legal Guidelines

Section 91 Proceedings (Government & Pasture Land)

Summary eviction powers exercised by Tehsildar against encroachers on Charagah, Oran, or government wasteland.

Section 188 Suits (Private Khatedar Protection)

Suit filed before SDO by a Khatedar tenant seeking temporary and permanent injunction against unlawful interference or trespass.

Judicial Principles

Landmark Supreme Court and High Court judgments bar regularisation of pasture land (Charagah) encroachments.

Step-by-Step Trial Procedure & Roadmap

Notice under Section 91 issued to alleged trespasser

Filing of written reply by trespasser

Mauka Muayana (Spot Inspection) by Revenue Inspector

Order of eviction & imposition of penalty (up to 30 times land revenue)

Execution of eviction warrant with police assistance

Required Document Checklist for Filing

Certified copy of Khasra Girdawari showing unauthorized entry

Mauka Inspection Report prepared by Tehsildar/Patwari

Photographs & GPS boundary data of field encroachment

Copy of Charagah / Oran gazette reservation notice

Key Precedents & Judicial Rulings

⚖️ Supreme Court (Jagpal Singh vs. State of Punjab): Pasture & Charagah lands cannot be regularised or allotted to trespassers.

⚖️ Rajasthan High Court (Gulab Kothari vs. State): Directs strict eviction of encroachers from water bodies and pasture lands.

Frequently Asked Questions (FAQs)

Q: Can encroached Charagah land be regularised under Section 90-A?

Ans: No. Encroachments on pasture (Charagah) or forest lands are strictly barred from regularisation.

Explore Other Types of Revenue Cases

Mutation & Record Corrections (Namantaran)Partition of Agricultural Holdings (Bantwara)Land Conversion Cases (Section 90-A)Right of Way & Easements (Rasta Nikaas)