Dismissed

Satya Narain Gupta v. State and Ors.

Rajasthan HC7 Nov 2016CW/2357/2007

Case brief

AI extract

What is this about?

In three joint writ petitions, the High Court dismissed challenges to a revisional order cancelling land allotments issued by a Gram Panchayat. The court held the transactions void as the land in question was pasture land, which cannot be allotted without specific government sanction set apart for such use.

What did the court decide?

Petitions dismissed; impugned order setting aside the allotment of pasture land upheld.

Satya Narain Gupta Vs State and Ors. — Constitutional and Fundamental Rights | Rajasthan HC (2016)

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CW Nos.2873/2007

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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O R D E R

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(1) S.B. CIVIL WRIT PETITION NO.2873/2007

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Shiv Shankar Gupta s/o Shri Rameshwar Lal Gupta, presently residing at Plot No. 687, Barkat Nagar, Tonk Phatak, Jaipur (Rajasthan)

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....Petitioner

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Versus

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The State of Rajasthan through the Secretary Panchayati Raj Department, Secretariat, Rajasthan, Jaipur.

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The Additional District Collector (IV), Collectorate Premsies, Jaipur.

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The Prabhari Adhikari, Panchayat Region, Collectorate, Jaipur.

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The Sarpanch Gram Panchayat Mudia Ramsar, PanchayatSamiti Jhotwara, District Jaipur (Rajasthan)

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....Respondents

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(2) S.B. CIVIL WRIT PETITION NO. 2356/2007

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Smt. Shakuntala Gupta w/o Shiv Shankar Gupta, presently residing at Plot No. 687, Barkat Nagar, Tonk Phatak, Jaipur (Rajasthan)

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.....Petitioner

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Versus

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The State of Rajastahn through the Secretary Panchayati Raj Department, Secretariat, Rajastahn, Jaipur.

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The Additional Collector (IV), Collectorate Premsies, Jaipur

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CW Nos.2873/2007

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The Prabhari Adhikari, Panchayat Region, Collectorate, Jaipur.

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The Sarpanch gram Panchayat Mudia Ramsar, PanchayatSamiti Jhotwara, District Jaipur (Rajasthan)

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....Respondents

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(3) S.B. CIVIL WRIT PETITION NO. 2357/2007

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Satya Narain Gupta s/o Shri Kalyan Gupta resident of Dausa, presently c/o Shiv Shankar Gupta, presently residing at Plot No. 687, Barkat Nagar, Tonk Phatak, Jaipur (Rajasthan)

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....Petitioner

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The State of Rajasthan through the Secretary Panchayati Raj Department, Secretariat, Rajasthan, Jaipur.

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The Additional District Collector (IV), Collectorate Premsies, Jaipur.

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The Prabhari Adhikari, Panchayat Region, Collectorate, Jaipur.

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The Sarpanch Gram Panchayat Mudia Ramsar, PanchayatSamiti Jhotwara, District Jaipur (Rajasthan)

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....Respondents

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DATE OF ORDER : 07.11.2016

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HON'BLE MR JUSTICE M.N. BHANDARI

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Mr. V.K. Mathur, for the petitioners. Mr. Manu Bhargava, GC, for the respondents BY THE COURT :-

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By these writ petitions, a challenge is made to the order dated 4.05.2002 passed on a revision petition preferred by the State Government.

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CW Nos.2873/2007

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Learned counsel for petitioners submits that land was alloted to the petitioners by the Gram Panchayat out of Khasra No. 159 of Village-Mundia Ramsar, District Jaipur. Sale deeds were also executed thereupon. In view of the above, the land so alloted was not liable to be cancelled. It is wrongly taken to be out of pasture land whereas, Khasra No. 159 of Village-Mundia Ramsar, District Jaipur was never a pasture land. In view of above, impugned order passed on revision petitions may be set aside.

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Learned counsel for respondents has opposed the petitions. It is submitted that Khasra No.159 was a pasture land thus was not liable for allotment by the Gram Panchayat. The order of allotment was thus void and otherwise the pasture land cannot be alloted even by the State Government unless it is set apart. In view of the above, cancellation of allotment of land was for a void transaction. The petitioners have taken plea that Khasra No. 159 was not pasture land but no document for it has been submitted. It is further submitted that before making allotment of the land, even the Rajasthan Panchayat (General) Rules, 1961 were not followed, hence, cancellation of land is rightly made and, now, the intervening period is of more than 14 years.

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I have considered rival submissions of the parties and perused the record.

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CW Nos.2873/2007

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By these writ petitions, a challenge is made to the order passed by the revisional court cancelling pattas in favour of petitioners. Pattas were issued out of pasture land and learned counsel for the petitioner is unable to show any material that Khasra No. 159 of Village-Mundia Ramsar, District Jaipur was not a pasture land. Certain documents obtained by learned counsel for petitioners were shown during course of arguments which are of Khasra No. 159/1 and Khasra No. 159/2. Both the khasras are shown to be of pasture land thus even the documents shown during course of arguments do not show that Khasra No. 159 was not a pasture land. The pasture land is not available for allotment by the Gram Panchayat and even by the Government. It is in view of the judgement of the Apex Court in the case of “Jagpal Singh & Ors. Vs. State of Punjab & Ors.”, (2011) 11 SCC 396. Therein specific direction was given to the State Government to issue a circular that the pasture land should not be alloted. In the light of the judgment aforesaid and finding that the allotment of land was made out of Khasra No.159 shown to be a pasture land, I do not find any illegality in cancellation of allotment. It is for the reason that the Gram Panchayat has no authority to make allotment of pasture land. The State Government is having authority to make allotment of agricultural land but, therein also, the pasture land cannot be alloted by them unless it is set apart. Taking into consideration overall facts, I do not find any illegality in the order passed by the

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CW Nos.2873/2007

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Revisional Authority. Hence, all the writ petitions are dismissed.

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(M.N. BHANDARI), J.

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Arti, Jr.P.A.

Satya Narain Gupta v. State and Ors.

Case brief

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Satya Narain Gupta v. State and Ors.

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