Rajasthan High Court
Hari Bhagwan S/O Girdhari Lal vs State Of Rajasthan on 15 November, 2021
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 797/2021
Hari Bhagwan S/o Girdhari Lal, Aged About 40 Years, R/o Ward
No. 8, Ganesh Pura Chosla, Panwar, District Jhalawar (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Revenue, Rajasthan.
2. District Collector, District Jhalawar, Rajasthan.
3. Sub Divisional Officer, Tehsil Khanpur, District Jhalawar,
Rajasthan.
4. Tehsildar, Tehsil Khanpur, District Jhalawar, Rajasthan.
5. Patwari, Tehsil Khanpur, District Jhalawar, Rajasthan.
----Respondents
For Appellant(s) : Mr. G.S. Bapna Sr. Adv. with
Mr. Banwari Singh
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
15/11/2021
This appeal is directed against the judgment of the learned
Single Judge dated 19/08/2021 passed in S.B. Civil Writ Petition
No.17668/2019. The appellant original petitioner presently holds
the agriculture land. He applied to the Collector Jhalawar for
conversion of the land so that he can set up a petrol pump for
which he expects a license to be issued by the oil company. The
difficulty that the petitioner faced was that this plot of land, did
not have access to the main road. He requires such access
through government land and for which purpose he also applied.
(2 of 3) [SAW-797/2021]
The Collector by an order dated 30/09/2019, which was
challenged in the writ petition rejected his prayer on two counts:
Firstly that the government policy permits setting apart of
road for access only to agriculture lands and not for the land to be
used for commercial purpose and further that such policy
envisages that road width shall not more than 30 feet.
Learned Single Judge while dismissing the petition accepted
these contentions of the government upon which this appeal has
been filed.
We have heard learned counsel for the appellant and perused
the documents on record.
What had come for consideration before the Collector and
the learned Single Judge was the circular dated 14/06/2013 issued
by the State Government in which it is provided inter-alia that for
access of the agriculture fields of the land holders, the
government land may be allotted for road however, the width of
the road shall not be more than 30 feet. This circular thus applies
in case of access to agriculture lands and also imposes a
restriction of road not being more than 30 feet wide.
The petitioner would not fulfill either of the two conditions.
Admittedly, the land which the petitioner owns is to be put for
commercial use.
Secondly, the petitioner had also applied for road with width
of more than 30 meters. On both the counts, therefore, the
learned Single Judge was justified in not entertaining the petition.
If the contention of the learned counsel for the appellant is that
the said Circular dated 14/06/2013 applies for agriculture land and
not to his case, he has to show the government policy in which he
can claim any such right and in absence of any such government
(3 of 3) [SAW-797/2021]
policy or circular, the petitioner cannot insist on the government
providing access to his land for non agriculture purposes.
The appeal is dismissed.
(REKHA BORANA),J (AKIL KURESHI),CJ
Anil Goyal/BM Gandhi-PS/5
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