Dismissed

Narayan Lal Raiger S/O Dhannaram Raiger v. District Collector

Rajasthan HC15 Nov 2018SAW/1429/2018

Case brief

AI extract

What is this about?

Special appeal was dismissed by the High Court bench at Jaipur. The Single Judge, whose order was impugned, was justified in refusing regularization of land recorded as pasture land despite Supreme Court exceptions, as the revenue record status remained unchanged.

What did the court decide?

Special appeal dismissed and stay application disposed of with observation that regularization is barred while land remains pasture.

Narayan Lal Raiger S/O Dhannaram Raiger Vs District… — Land Acquisition | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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D.B. Special Appeal (Writ) No.1429/2018

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With

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D.B. Civil Misc. Stay Application No.21043/2018 In

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S.B. Civil Writ Petition No.733/2007

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Narayan Lal Raiger S/o Dhannaram Raiger, Through His Legal Representatives:

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1/1. Hanuman S/o Late Shri Narayan Lal Raiger, Resident Of Ramgarh, District Sikar (Raj.)

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1/2. Rampal S/o Late Shri Narayan Lal Raiger, Resident Of Ramgarh, District Sikar (Raj.)

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----Petitioners-Appellants

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Versus

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District Collector, Sikar

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Additional District Collector, Sikar.

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Sub-Divisional Officer, Dantaramgarh, District Sikar.

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Sub-Divisional Officer, Sikar.

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----Respondents

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For Appellant(s) : Mr. Yogesh Pujari

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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15/11/2018

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The present special appeal has been filed by the petitionersappellants assailing the judgment/order dated 01.08.2018, whereby the learned Single Judge dismissed the writ petition filed by them.

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In the writ petition, the petitioners-appellants prayed for a direction to the Sub Divisional Officer concerned to regularize his (original petitioner) possession of the disputed land. The learned Single Judge dismissed the writ petition taking note of the stand

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(2 of 2)

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[SAW-1429/2018]

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of the State Government in reply thereto that the land in question has been recorded as pasture land and in view of the provisions contained in Section 16 of the Rajasthan Tenancy Act, the same cannot be allotted to anyone, and thus no direction can be issued for regularization of the land in favour of the original petitioner.

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The learned counsel for the petitioners-appellants in the course of the arguments has submitted that the discretion lies with the Government to change the nature of the land and to regularize the same in favour of anyone. He cited the judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punjab – (2011) 11 SCC 396, which bars the regularization of pasture land. This judgment, however, has carved out the exception to the effect that the Government has also from time to time issued circulars in that behalf.

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In that view of the matter, if the petitioners-appellants are not satisfied with the proceedings conducted by the Sub Divisional Officer, they can approach the District Collector or the State Government, but the learned Single Judge, in our view, was perfectly justified in not issuing positive directions in favour of the original petitioner as the land continues to be recorded as pasture land in the revenue record.

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The special appeal is accordingly dismissed, however, subject to the aforesaid observations. This also disposes of the stay application.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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//Jaiman//91

Narayan Lal Raiger S/O Dhannaram Raiger v. District Collector

Case brief

What is this about?

What did the court decide?

Narayan Lal Raiger S/O Dhannaram Raiger v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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