Dismissed

Hari Bhagwan S/O Mr. Ugra Sen v. State of Rajasthan

Rajasthan HC19 Aug 2021CW/17668/2019

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the District Collector's order setting aside an earlier grant of land for access to fields. The Court upheld the order as it contravened a Circular restricting such access ways to a maximum of 30 feet. Consequently, the conversion for commercial purposes was also deemed infeasible.

What did the court decide?

The writ petition was dismissed and all pending applications were disposed of.

Hari Bhagwan S/O Mr. Ugra Sen Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 17668/2019

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Hari Bhagwan S/o Mr. Ugra Sen, Aged About 40 Years, R/o Ward No. 8, Ganesh Pura Chosla, Panwar, District Jhalawar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Revenue, Rajasthan.

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District Collector, District Jhalawar, Rajasthan.

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Sub Divisional Officer, Tehsil Khanpur, District Jhalawar, Rajasthan.

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Tehsildar, Tehsil Khanpur, District Jhalawar, Rajasthan.

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Patwari, Tehsil Khanpur, District Jhalawar, Rajasthan

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----Respondents

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For Petitioner(s) For Respondent(s)	: Ms. Harshita Sharma for Dr. Mahesh Sharma : Mr. Anil Mehta, AAG with Mr. Mehul Harkawat, Ms. Archana & Mr. Yashodhar Pandey

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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19/08/2021

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Learned counsel for the petitioner assails the order dated 30.09.2019 whereby the District Collector, Jhalawar set aside the order of conversion as well as the order of granting 0.11 Bighas of land from Khasra No.37 under Section 251-A of the Rajasthan Tenancy Act, 1955 for providing road for access to the petitioner’s field.

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Learned counsel for the petitioner submits that the Sub Divisional Officer, Khanpur had rightly granted 0.11 Bighas of land from ‘Siwai Chak’ Khasra No.37 for access to the field of the

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(2 of 3)

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[CW-17668/2019]

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petitioner and the petitioner’s land was rightly allowed to be converted for the purpose of establishing of a Petrol Pump and the District Collector, Jhalawar has committed an error in relying upon the circular of the Revenue Department dated 14/06/2013 to declare the way as illegal for approaching to the land. Learned counsel further submits that in similar case relating to one Kalu Lal, the District Collector has adopted a different approach. Learned counsel also submits that a right exists for providing the access way to the agricultural land in terms of Section 251A of the Rajasthan Tenancy Act, 1955 and once the Sub Divisional Officer had already granted the same, it could not have been set aside by the District Collector. Learned counsel further submits that the District Collector has relied upon a Circular dated 06/02/2012 although subsequently, a Circular dated 14/06/2013 had been issued without clearing the earlier Circular.

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On the other hand, learned Additional Advocate General for the respondents supports the order passed by the District Collector and points out that as per the Circular dated 14/06/2013, the maximum area of way which could be provided to access to the fields could be of 30 ft. wide alone whereas 0.11 Bighas of land was provided which is of 30 meters which could not have been provided by the Sub Divisional Officer and it goes contrary to the Circular dated 14/06/2013 and the District Collector has, therefore, rightly set aside the order of the Sub Divisional Officer dated 29/05/2013.

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Heard learned counsel for the parties.

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This Court finds that if the Circular issued by the Revenue Department dated 14/06/2013 verifies that the fields which are not accessible, right of way can be provided through even

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(3 of 3)

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[CW-17668/2019]

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Government land. However, in this regard, the width of such way can be maximum upto 30 ft. alone. Taking into consideration the Circular dated 14/06/2013, the order passed by the District Collector, Jhalawar does not warrant any interference. The conversion can only be provided to a land which has an easy access. Since the access to the said land can be only upto 30 ft., the conversion for commercial purposes was not feasible and the order passed by the District Collector with regard to rejecting the conversion also does not warrant any interference. No case is made out on merits.

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The writ petition is accordingly dismissed. All pending application stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Raghu-TN/112

Hari Bhagwan S/O Mr. Ugra Sen v. State of Rajasthan

Case brief

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Hari Bhagwan S/O Mr. Ugra Sen v. State of Rajasthan

Case brief

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