Dismissed

Vijay Singh v. State of Rajasthan

Rajasthan HC18 Oct 2021SAW/524/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed an appeal challenging the District Collector's allotment of gochar land for government buildings. The Court held that since the village Panchayat was compensated by the allotment of other lands for State purposes, the appeal lacked merit.

What did the court decide?

The appeal was dismissed with a finding that no merit existed in challenging the Collector's order of land allotment and compensation.

Vijay Singh Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Special Appeal Writ No. 524/2021

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Vijay Singh S/o Shri Lalu Damor, Aged About 55 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Masur S/o Shri Lalu Damor, Aged About 56 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Parvat Singh S/o Shri Govra Damor, Aged About 40 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Kanhaiyalal S/o Shri Kehra Damor, Aged About 36 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Pratap S/o Shri Raisan Damor, Aged About 32 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Dayalal S/o Shri Masur Damor, Aged About 33 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Lal Singh S/o Shri Jesa Damor, Aged About 36 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Jetha S/o Shri Ratna Yadav, Aged About 51 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Vinod S/o Shri Kana Yadav, Aged About 38 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Kalu Singh S/o Shri Lalu Damor, Aged About 65 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Pratap S/o Shri Ruma Damor, Aged About 60 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Jai Singh S/o Shri Moti Damor, Aged About 64 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Ramanlal S/o Shri Kalu Singh Damor, Aged About 48 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Praveen Singh S/o Shri Masur Damor, Aged About 35 Years, R/o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Lakshman Singh S/o Shri Lalu Damor, Aged About 52 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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(2 of 3)

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[SAW-524/2021]

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Jai Singh S/o Shri Ruma Damor, Aged About 56 Years, R/ o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Naresh S/o Shri Jai Singh Damor, Aged About 38 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Raisan S/o Shri Jala Damor, Aged About 50 Years, R/o Village Ghatlafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Gambhir S/o Shri Pratap Damor, Aged About 35 Years, R/ o Village Thediafala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Pratap S/o Shri Mangu Damor, Aged About 38 Years, R/o Village Aajanifala, Gram Panchayat Manakadev, Teh. Simalvada, District Dungarpur.

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Dilip Kumar S/o Shri Kalu Ram, Aged About 32 Years, R/o Village Manakadev, Tehsil Simalvada, District Dungarpur.

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Rishabh Devi W/o Shri Natha, Aged About 37 Years, R/o Village Manakadev, Tehsil Simalvada, District Dungarpur.

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----Appellants

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Versus

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1. State Of Rajasthan, Through The Secretary-CumCommissioner, Gramin Vikas And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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1. The District Collector, Dungarpur.

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Vikas Adhikari, Simalvada, District Dungarpur. 4. Sarpanch, Gram Panchayat Manakadev, Tehsil Simalvada, District Dungarpur.

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----Respondents

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For Appellant(s) : Mr. Sanjay Mathur.

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HON'BLE THE CHIEF JUSTICE AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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18/10/2021

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This appeal is directed against the order dated 27.07.2021 passed by the learned Single Judge in Civil Writ Petition No.9154/2021. The appellants, who were petitioners in the writ petition, had challenged an order dated 14.09.2020 passed by

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(3 of 3)

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[SAW-524/2021]

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District Collector, Dungarpur allotting a portion of the gochar land for the purpose of construction of Gram Panchayat Bhawan and for other Government buildings. The learned Single Judge dismissed the petition finding no merit in the petition. The learned Single Judge noted that in view of the land which is being used for the State purposes, the Collector has already compensated village Panchayat by allotting some other lands.

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Having heard learned counsel for the appellants and having perused the documents on record, we find that the learned Single Judge has given cogent reasons for dismissing the writ petition. The land where the Gram Panchayat Bhawan and other Government buildings should be constructed, should primarily be the concern of the State authorities. The suggestion of the counsel for the appellants that such buildings could have been constructed on other open land, cannot be a subject matter of consideration by the High Court in such petition, particularly when the Gram Panchayat have been compensated for the loss of gochar land by the Collector.

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We find no merit in the appeal and the same is dismissed.

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(SANDEEP MEHTA),J (AKIL KURESHI),CJ

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Ashutosh-19

Vijay Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vijay Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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