Mangi Lal vs State Of Rajasthan
2022 Latest Caselaw 7370 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5623/2022

Mangi Lal S/o Gunesh Singh, Aged About 62 Years, B/c Rajpurohit, R/o Village Rewada Sodha, Tehsil Pachpadra, District Barmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

2. The District Collector, Collectorate, District Barmer.

3. The Tehsildar, Tehsil Pachpadra, District Barmer.

4. Gram Panchayat, Through Its Gram Vikas Adhikari, Gram Panchayat Newai, Tehsil Pachpadra, District Barmer.

----Respondents

For Petitioner(s) : Mr. Hari Singh Rajpurohit

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/05/2022

This writ petition is filed by the petitioner being aggrieved

with the order dated 07.01.2021 passed by the Tehsildar,

Pachpadra, District Barmer while exercising powers under Section

91 of the Rajasthan Land Revenue Act, 1956 (hereinafter to be

referred as 'the Act of 1956').

Learned counsel for the petitioner has submitted that the

petitioner has not made any encroachment over the pasture land

and the Tehsildar concerned without taking into consideration the

said fact has passed the impugned order illegally. It is also

submitted that the petitioner, in his reply to the notice under

Section 91 of the Act of 1956, has specifically stated that if any

(2 of 2) [CW-5623/2022]

encroachment of the petitioner is found on the pasture land, he is

ready to surrender his another khatedari land to compensate the

loss of the pasture land. Learned counsel for the petitioner has

further submitted that the State Government has already taken a

policy decision regarding regularization of bonafide and long

possession of residence on public and pasture lands vide circular

dated 27.12.2021.

Learned counsel has, therefore, submitted that a direction

may be issued to the concerned authority to consider the request

of the petitioner of surrendering his khatedari land in lieu of

pasture land encroached by the petitioner.

In view of the above submissions made by the learned

counsel for the petitioner, this writ petition is disposed of with

liberty to the petitioner to move an appropriate representation

before the authority concerned to consider his request for

regularizing his possession on pasture land in view of the circular

dated 27.12.2021 issued by the Revenue Department,

Government of Rajasthan.

If any such representation is filed by the petitioner, it is

expected that the concerned authority shall consider and decide

the same expeditiously in view of the circular dated 27.12.2021

passed by the Revenue Department, Government of Rajasthan.

Stay petition is also disposed of.

(VIJAY BISHNOI),J

17-AjaySingh/-

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