pleased to issue
appropriate Writ and to set aside the draft Nistar
Patrak and further to direct the Respondents to
prepare fresh Draft Nistar Patrak ... writ commanding the respondents to
make necessary changes in the draft Nistar Patrak
as per the objections submitted by the Petitioner
Gram Panchayat and other
land and its produce. Section 234 deals with preparation of 'Nistar Patrak'. Section 235 deals with matter to be provided ... unoccupied land set apart for exercise of Nistar rights under Section 237;
234. Preparation of Nistar Patrak.-- (1) The Sub Divisional Officer shall, consistently with
Code read, as under:
"234. Preparation of Nistar Patrak. (1) The
Sub Divisional Officer shall, consistently with the
provisions of this Code ... rules made there
under, prepare a Nistar Patrak embodying a
scheme of management of all unoccupied land in
a village and all matters incidental thereto
Collector on 20.5.1957 in
revenue proceedings directing correction of nistar patrak. The suit earlier
filed by Beniram (successor of Toran & Ors) against the State
provisions of Section 234 of the Code,
which stipulate preparation of Nistar Patrak embodying scheme of
management of all unoccupied lands in the village ... defence."
Section 234 of the Code contemplates preparation of Nistar Patrak, which
is prepared for embodying a scheme of management of all unoccupied
land
Benches in the two decisions are quoted hereinbelow:
234. Preparation of Nistar Patrak.--(1) The Sub Divisional Officer shall, consistently with the provisions of this ... Code and the rules made thereunder, prepare a Nistar Patrak embodying a scheme of management of all unoccupied land in a village and all matters
recorded in the Revenue record as grazing land in the Nistar Patrak
and rest of land is recorded as Chhote Jhad Ka Jangal and grass ... Revenue Code, 1959 throws
sufficient light on the preparation of 'Nistar Patrak' and according to
this provision, the Sub Divisional Officer shall prepare
Revenue Circle Katangi, Tehsil, Patan
was reserved in the Nistar Patrak for the composite purpose
of graveyard and for dumping rubbish and manure; however ... separated from the
remaining land in the Nistar Patrak and be allotted for the
purpose of construction of community building.
3. The petitioner, claiming
Section 161 of the Code to submit that even in the Nistar Patrak there
was no mention of the lands being kept exclusively for pasturage ... Authorities. He also referred to the Maharashtra Land
Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973 (for short, the Rules
of 1973) to indicate
Section 161 of the Code to submit that even in the Nistar Patrak there
was no mention of the lands being kept exclusively for pasturage ... Authorities. He also referred to the Maharashtra Land
Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973 (for short, the Rules
of 1973) to indicate
