In this PIL, petitioners challenged the allotment of land recorded as 'Gair Mumkin Magra' (not 'Gochar') to a Gram Panchayat for residential expansion. The Court found no illegality in the allotment order and dismissed the petition.
The petition filed as a Public Interest Litigation stands dismissed.
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1 DBCWP No.1220/2013 [Than Singh & Ors. Vs. State & Ors.]
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D.B.CIVIL WRIT PETITION [P.I.L.]NO.1220/2013 [THAN SINGH & Ors. VS. STATE & ORS.]
Date of Order :: 13th February 2014
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr.Ravindra Singh for the petitioners. Mr.Rajesh Panwar Additional Advocate General for the State. <<>>
The petitioners, said to be the residents of village Dodua, Tehsil and District Sirohi, have filed this petition as a Public Interest Litigation [‘PIL’] while stating grievance against allotment of the land comprised in Khasra No. 2020 to Gram Panchayat, Dodua for abadi purposes with the submissions that the land in question is recorded and used as Gochar (cattle grazing) land.
On 22.02.2013, this Court expected of the learned Additional Advocate General to complete his instructions on the reasons, if any, for allotment of Gochar land to the Gram Panchayat concerned for abadi area.
The learned Additional Advocate General submits on instructions that the land in question, comprised in Khasra No.2020 admeasuring 4.20 Hectares, which has been allotted to the Gram Panchayat concerned for abadi purposes, was recorded in the revenue records as “Gair Mumkin Magra” and was not recorded as “Gochar” land. The learned Additional Advocate General further submits that more than 99 Hectares of land is otherwise recorded in the revenue records of the concerned village as Gochar/Charagrah land. The learned Additional Advocate General has placed before the Court a communication sent by the concerned Patwari as also the copies of the relevant “Jamabandis”.
2 DBCWP No.1220/2013 [Than Singh & Ors. Vs. State & Ors.]
After having gone through the averments taken in the petition, the documents placed alongwith the petition as also the documents placed for perusal by the learned Additional Advocate General, we are satisfied that the land in question was recorded in the revenue records as “Gair Mumkin Magra” and was not recorded as “Gochar”; and in the given requirements of extension of abadi, the Allotment Order dated 03.02.2011 (Annex.3), whereby the Collector, Sirohi has allotted the land in question to the Panchayat concerned, cannot be said to be suffering from any illegality or legal infirmity.
It is sought to be submitted on behalf of the petitioners that the Panchayat, though purportedly asked for the land for the purpose of rehabilitation of poor persons but, proposed to dispose of the delineated plots on the land in question by way of auction. We are unable to find any issue of public cause arising from the submissions so made. The Panchayat, who is the custodian of its property, is the best judge to determine as to how its resources including the land should be put to use. Auction of the land is a recognized mode of disposal where the fiscal interests are also taken care of.
In the totality of the circumstances, we are unable to find any reason to continue with this petition, filed as PIL, any further. The petition stands dismissed.
[BANWARI LAL SHARMA],J. [DINESH MAHESHWARI],J.
mamta
1 issue framed by the court
Whether the allotment of revenue-recorded 'Gair Mumkin Magra' land to the Gram Panchayat for abadi purposes constitutes an illegality.
Than Singh & Ors.
State & Ors.
DINESH MAHESHWARI
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
