Rajasthan High Court - Jaipur
Badri Lal &Ors; vs State Of Raj And Ors on 16 November, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No.1597/2017
1. Badri Lal S/o Chanda Meena, Aged About 80 Years
2. Heera Lal S/o Badri Lal, Aged About 50 Years
3. Ramkesh S/o Badri Lal, Aged About 35 Years
4. Smt Vimala Devi W/o Shankar Lal, Aged About 45 Years
5. Lala Ram S/o Badri Lal, Aged About 30 Years
6. Prasadi Lal S/o Badri Lal, Aged About 25 Years
7. Rajendra S/o Heera Lal, Aged About 25 Years
8. Smt Rampati W/o Heera Lal, Aged About 50 Years
9. Suresh S/o Shankar Lal, Aged About 22 Years
10. Smt. Kali W/o Ramkesh, Aged About 35 Years
11. Dilip W/o Heera Lal, Aged About 20 Years
12. Jagdish S/o Ramdeo Kumhar, Aged About 60 Years
13. Shankar Lal S/o Jagdish Kumhar, Aged About 35 Years
14. Harkesh S/o Jagdish Kumhar, Aged About 30 Years
15. Tara Chand S/o Jagdish Kumhar, Aged About 25 Years
16. Smt Dhani W/o Jagdish Kumhar, Aged About 35 Years
17. Ramesh S/o Jansiram Meena, Aged About 30 Years
18. Smt Choti Devi W/o Jansiram Meena, Aged About 80 Years
19. Prasadi Lal Meena S/o Jansiram Meena, Aged About 30 Years
20. Govind Ram S/o Gopal Meena, Aged About 30 Years
21. Prabhu Lal S/o Gopal Meena, Aged About 40 Years
22. Gangadhar S/o Gopal Meena, Aged About 50 Years
23. Ramji Lal S/o Onkar, Aged About 50 Years
24. Giriraj Prasad S/o Onkar, Aged About 30 Years
25. Meetha Lal S/o Ptasya Meena, Aged About 45 Years
26. Ramdhan S/o Genda Lal, Aged About 50 Years
27. Harsahai S/o Genda Lal, Aged About 45 Years
28. Sitaram S/o Gopi Ram Raiger, Aged About 50 Years
29. Shambhu Lal S/o Devi Lal, Aged About 30 Years
30. Ram Rai S/o Devi Lal, Aged About 25 Years
31. Smt Kishni W/o Gopi Ram Raiger, Aged About 85 Years
32. Hari Kishan S/o Sonya, Aged About 70 Years
33. Narsi S/o Bhorya Kumhar, Aged About 60 Years
34. Meetha Lal S/o Narsi, Aged About 40 Years
35. Ram Prasad S/o Narsi, Aged About 25 Years
36. Deepu S/o Narsi, Aged About 20 Years
37. Smt. Lalli W/o Narsi, Aged About 60 Years, All Resident of
Gram Shrima, Tehsil Lalsot, District Dausa (Rajasthan)
----Appellants
Versus
1. The State of Rajasthan Through Its Principal Secretary,
Department of Revenue, Government of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. The District Collector, Dausa (Rajasthan)
3. The Sub Divisional Officer, Lalsot (Dausa) (Rajasthan)
4. The Tehsildar, Tehsil Lalsot, District Dausa (Rajasthan)
----Respondents
_____________________________________________________ For Petitioner(s) : Sh. Harsh Sharma Adv. For Respondent(s) :
_____________________________________________________ (2 of 3) [SAW-1597/2017] HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 16/11/2017 Instant appeal is directed against order of the ld. Single Judge impugned dt.20-9-2017.
A joint petition came to be filed by 37 individuals with the grievance that certain recommendations have been made by the Gram Panchayat to convert the pasture land and a circular has also been issued by the State Government on 26-7-2017 and still the District Collector, Dausa has declined to pass the order on the resolution of Gram Panchayat.
So far conversion of pasture land is concerned the Apex Court has come very heavily upon the State Government in permitting conversion of pasture land as observed in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors., AIR 2011 SC 1123 and at least in the light of judgment of the Apex Court ordinarily pasture land cannot be converted even on permission being asked for at the same time if the State Government has granted permission in the given facts & circumstances to any individual for conversion of pasture land if it is not permissible under the relevant statute & brought to the notice of the Court further action can be taken as permissible under the law but discrimination should always be positive and there is no material on record which can strengthen submission of the appellant seeking conversion of pasture land to be acted upon by the District Collector as a matter of course or decision taken by the District Collector is in violation of relevant provisions of Rajasthan Land Revenue Act.
The Ld. Single Judge also considered the request and was (3 of 3) [SAW-1597/2017] not inclined to grant permission for conversion or set apart the pasture land as being prayed for the writ petitioners keeping in view judgment of the Apex Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors. and observed that if proposal of the Gram Panchayat has not been accepted by the District Collector there appears no illegality which may call for interference.
Counsel for appellant submits that notices have been issued to the individuals by Tehsildar, Lalsot, District Dausa treating them to be encroacher over the subject land in question which has been allotted to them by the competent authority after being displaced from the flood affected areas.
As regards the notices which have been served upon the individuals from the office of Tehsildar, Lalsot, District Dausa are concerned, they are certainly at liberty to submit their reply & justify their status over the subject land in question but as regards the prayer which has been made in the writ petition for conversion of the pasture land, as a matter of right cannot be accepted by this Court and after hearing counsel for the appellant we find no error being committed by the Ld. Single Judge in passing the order impugned which may call for interference.
Consequently, the appeal is without substance and accordingly dismissed.
(DEEPAK MAHESHWARI),J. (AJAY RASTOGI),J. VS Shekhawat, PS 76