Ratan Singh Rathore vs State Of Rajasthan
2022 Latest Caselaw 6807 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 10843/2021

1. Ratan Singh Rathore S/o Shri Aman Singh, Aged About 34 Years, R/o Village Lorta Haridasota, Achalawatan, Tehsil Sekhala, At Present Resident At - 217 A, Zsb Gali No. 30, Bjs Colony, District Jodhpur, Rajasthan.

2. Magan Singh Rathore S/o Shri Kushal Singh Rathore, Aged About 46 Years, R/o Village Lorta Haridasota, Achalawatan, Tehsil Sekhala, District Jodhpur, Rajasthan.

3. Jagdish Bishnoi S/o Shri Hathi Ram, Aged About 50 Years, R/o Village Lorta Haridasota, Achalawatan, At Present Resident At Plot No. C-47, Narsingh Vihar, Lal Sagar, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Secretary And Commissioner, Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. District Collector, Jodhpur, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Jodhpur, Rajasthan.

4. Sub Divisional Magistrate, Balesar, Tehsil Sekhala, District Jodhpur, Rajasthan.

5. Sarpanch (Ashok Vishnoi), Gram Panchayat Village Lorta Haridasota, Panchayat Samiti Chamu, Tehsil Sekhala, Jodhpur, Rajasthan.

6. Development Officer, Village Lorta Haridasota, Panchayat Samiti Chamu, Tehsil Sekhala, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Nikhil Dungawat. For Respondent(s) : Mr. Sunil Beniwal, AAG.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

07/05/2022

(2 of 3) [CW-10843/2021]

The instant writ petition in the nature of Public Interest

Litigation has been preferred by the petitioners herein with the

following prayers:

"A/ By an appropriate writ order or direction, the proposal dated 10.01.2020/04.10.2021 (Annex-01) and order dated 19.02.2021 (Annex.05) & entry dated 06.07.2021 in Jamabandi (Annex.10) may kindly be quashed & set aside.

B/ By an appropriate writ order or direction, the Respondents may kindly be restrained from changing the nature of the Gochar land situated in Khasra No. 313 situated in Village Lorta Haridasota and in meantime if the same is changed then Respondents be directed to restore the same.

C/ By an appropriate writ order or direction, the Respondents may kindly be restrained from raising any type of construction on the Gochar land situated in Khasra No. 313 at Village Lorta Haridasota, Tehsil Sekhla, District Jodhpur."

The petitioner has raised a grievance against the action of

the respondents in using 2.10 Bighas of Gochar land bearing

Khasra No.313 at Village Lorta Haridasota, Tehsil Sekhala, District

Jodhpur for the purpose of raising construction of a Panchayat

Bhawan.

Shri Sunil Beniwal, learned AAG submits that the order to

allot 2.10 Bighas of land for the purpose of raising construction of

Panchayat Bhawan was passed after following the due process of

law. Land of equal measurement was set apart for compensating

the land which was taken from the Gochar area for the purpose of

(3 of 3) [CW-10843/2021]

raising the construction of Panchayat Bhawan. The building of

Panchayat Bhawan has already been constructed. He placed

reliance on the Judgment dated 20.10.2021 rendered by Division

Bench of this Court in the case of Sangram Singh & Ors. vs.

The State of Rajasthan & Ors. (D.B. Civil Writ Petition

No.6523/2021) and implored the Court to dismiss the writ

petition.

We have heard and considered the submissions advanced by

learned counsel representing the petitioners and the learned AAG

and, have gone through the material available on record.

We are of the firm view that the impugned action whereby,

the respondents set apart 2.10 Bighas of land from the Gochar are

of the Village Lorta Haridasota for construction of a Panchayat

Bhawan was taken after due compliance of the statutory

provisions. Land of equal area allotted for the construction of the

Panchayat Bhawan has been set apart for compensating the

Gochar area. The construction of the Panchayat Bhawan has

already been completed and thus, no direction can be given to

demolish the same.

The controversy at hand is squarely covered by the Division

Bench Judgment in the case of Sangram Ram (supra) and

hence, the instant writ petition is disposed of in light thereof.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

86-Tikam/-

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