Vijay Singh vs State Of Rajasthan
2021 Latest Caselaw 11582 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9154/2021

1. Vijay Singh S/o Shri Lalu Damor, Aged About 55 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

2. Masur S/o Shri Lalu Damor, Aged About 56 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

3. Parvat Singh S/o Shri Govra Damor, Aged About 40 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

4. Kanhaiyalal S/o Shri Kehra Damor, Aged About 36 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

5. Pratap S/o Shri Raisan Damor, Aged About 32 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

6. Dayalal S/o Shri Masur Damor, Aged About 33 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

7. Lal Singh S/o Shri Jesa Damor, Aged About 36 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

8. Jetha S/o Shri Ratna Yadav, Aged About 51 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

9. Vinod S/o Shri Kana Yadav, Aged About 38 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

10. Kalu Singh S/o Shri Lalu Damor, Aged About 65 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

11. Pratap S/o Shri Ruma Damor, Aged About 60 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

12. Jai Singh S/o Shri Moti Damor, Aged About 64 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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13. Ramanlal S/o Shri Kalu Singh Damor, Aged About 48 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

14. Praveen Singh S/o Shri Masur Damor, Aged About 35 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

15. Lakshman Singh S/o Shri Lalu Damor, Aged About 52 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

16. Jai Singh S/o Shri Ruma Damor, Aged About 56 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

17. Naresh S/o Shri Jai Singh Damor, Aged About 38 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

18. Raisan S/o Shri Jala Damor, Aged About 50 Years, R/o Village Ghatlafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

19. Gambhir S/o Shri Pratap Damor, Aged About 35 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

20. Pratap S/o Shri Mangu Damor, Aged About 38 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

21. Dilip Kumar S/o Shri Kalu Ram, Aged About 32 Years, R/o Village Manakadev, Teh. Simalvada, District Dungarpur.

22. Rishabh Devi W/o Shri Natha, Aged About 37 Years, R/o Village Manakadev, Teh. Simalvada, District Dungarpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary Cum Commissioner, Gramin Vikas And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The District Collector, Dungarpur.

3. Vikas Adhikari, Simalvada, District Dungarpur.

4. Sarpanch, Gram Panchayat Manakadev, Tehsil Simalvada, District Dungarpur.

                                                                  ----Respondents


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For Petitioner(s)             :     Mr. Sanjay Mathur



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                              Judgment / Order

27/07/2021

This writ petition is filed by the petitioners being

aggrieved with the order dated 14.9.2020, whereby the

District Collector, Dungarpur has allotted lands for the

purpose of construction of Gram Panchayat Bhawan as

well as other government buildings in various Gram

Panchayats including Gram Panchayat Manakadev, Tehsil

Simalvada, Distt. Dungarpur.

The petitioners are aggrieved with the allotment of

land at Gram Panchayat Manakadev for the purpose of

construction of Gram Panchayat Bhawan. Learned counsel

for the petitioners has submitted that the land allotted by

the District Collector, Dungarpur for the purpose of

construction of Gram Panchayat Bhawan at Gram

Panchayat Manakadev is recorded as charagah in the

revenue record and the said land cannot be allotted for

any purpose. It is further submitted that there is another

appropriate land for the construction of Gram Panchayat

Bhawan, however, the District Collector, Dungarpur

without taking into consideration this aspect of the

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matter, has allotted charagah land, which is absolutely

illegal.

Heard learned counsel for the petitioners; perused

the impugned order as well as the material available on

record.

From the order dated 14.9.2020, it is clear that the

District Collector, Dungarpur has allotted 0.3264 hectare

of land of Khasra No.1407 of village Manakadev for the

purpose of construction of Gram Panchayat Bhawan. No

doubt, earlier the said land of Khasra No.1407 was

recorded as charagah, but the District Collector,

Dungarpur while setting aside the said allotment of

charagah has allotted it under the Rajasthan Land

Revenue (Allotment of Unoccupied Government

Agricultural Lands for the Construction of Schools,

Colleges, Dispensaries, Dharamshalas & Other Buildings

of Public Utility) Rules, 1963 for the purpose of

construction of Gram Panchayat Bhawan and another

land of sivay chak was recorded as charagah.

In view of the above facts, I do not find any illegality

in the action of the District Collector, Dungarpur of

allotting the land for the purpose of construction of Gram

Panchayat Bhawan.

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                                       It   is   settled       law       that       the      matter     regarding

construction of building of public utility is the domain of

the Government and its functionaries and until and unless

it is demonstrated that there is flagrant violation of any

provision of law/rules in the action of authorities or it

suffer from malafides, no interference is permissible in

such administrative matters while exercising powers of

Judicial Review under Article 226 of the Constitution of

India.

The petitioners have failed to satisfy this Court that

there is any illegality in allotment of land by the District

Collector, Dungarpur for the purpose of construction of

Gram Panchayat Bhawan vide order dated 14.9.2020 or

the action of the District Collector, Dungarpur suffers

from any malafides.

In view of the above, I do not find any merit in this

writ petition and the same is hereby dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

163 - ms rathore

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