Dismissed

Tilok Chand v. State of Rajasthan

Rajasthan HC8 Jul 2022CW/8080/2021

Case brief

AI extract

What is this about?

In this PIL, the petitioner challenged the creation of Sub-Tehsil Katar Chhoti from Tehsil Bidasar, alleging violation of 2007 norms requiring 20 Patwar Mandals. The Court held the guidelines advisory, not mandatory, and allowed the creation to promote decentralized revenue administration.

What did the court decide?

The writ petition filed as Public Interest Litigation challenging the creation of Sub-Tehsil Katar Chhoti was dismissed as lacking merit.

Tilok Chand Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 8080/2021

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Tilok Chand S/o Shri Revanta Ram, Aged About 49 Years, Resident Of Dhani Potaliyan, Kalero Ki Dhani, Churu.

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----Petitioner

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Versus

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State Of Rajasthan, Through Department Of Revenue, Government Of Rajasthan, Jaipur.

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Joint Secretary, Revenue (Group I) Department, Secretariat, Government Of Rajasthan, Jaipur.

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Board Of Revenue, Rajasthan, Ajmer Through Its Registrar.

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District Collector, Churu.

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Sub Divisional Officer, Bidasar, District Churu.

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Tehsildar, Bidasar, District Churu.

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----Respondents

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For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Loon Karan Purohit, GC Mr. Harshit Bhurani, AGC

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

REPORTABLE

08/07/2022

The instant writ petition (Public Interest Litigation) has been preferred by the petitioner Tilok Chand for assailing the notification dated 31.05.2021 (Annex.2) issued by the State Government, whereby a new Sub-Tehsil Katar Chhoti has been carved out from the existing Tehsil Bidasar.

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The petitioner has alleged that the impugned action is illegal, arbitrary and high-handed on the face of the record.

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(2 of 4) [CW-8080/2021]

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Reference is made to the instructions dated 19.04.2007 issued by the Board of Revenue, Rajasthan, so also the recommendation dated 08.03.2021 forwarded by the District Collector, Churu and contended that the norms, which were prepondered by the Board of Revenue in its instructions dated 19.04.2007, require a minimum 20 Patwar Mandals in one Tehsil. Keeping in view these instructions, the District Collector, Churu intimated the Board of Revenue vide communication dated 08.03.2021 that if the proposed Tehsil Katar Chhoti was carved out with 15 Patwar Mandals therein, then only 15 Patwar Mandals would remain in the original Tehsil Bidasar and hence, the proposal was contrary to the norms. He, thus, urged that the impugned notification deserves to be quashed and set aside.

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Mr. Loon Karan Purohit, learned Government Counsel, has filed reply to the writ petition, wherein it is pointed out that the notification dated 31.05.2021 creating Sub-Tehsil Katar Chhoti was made after due consideration of the norms and the topography of the area. The impugned notification was passed in furtherance of the budget declaration made by Hon’ble the Chief Minister of Rajasthan. He submitted that Bidasar Tehsil was having a total of 6 Land Record Inspector Circles and 23 Patwar Mandals and out of them 3 Land Inspector Circles and 11 Patwar Mandals have been included in the Sub-Tehsil Katar Chhoti and thus, there has been equitable distribution of the Patwar Mandals in the Bidasar Tehsil and Katar Chhoti Sub-Tehsil. He drew the court’s attention to the revenue map of the Patwar Mandals to be included in the new Sub-Tehsil Katar Chhoti and those which would be left in the original Tehsil Bidasar and pointed out that the area

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(3 of 4)

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[CW-8080/2021]

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of Tehsil Bidasar would continue to be much larger than that of Sub-Tehsil Katar Chhoti. He further pointed out that the original Tehsil Head Office, Bidasar was at a significant distance from the western part of Tehsil, i.e. Katar Chhoti, Tendesar, Lalgarh and other adjoining villages, that is why the creation of new Tehsil would be much helpful for better administration of the Revenue area.

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We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material placed on record. At the outset, we may state that the guidelines dated 19.04.2007 issued by the Board of Revenue (Annex.3) are just in the nature of advisory and cannot be treated to be mandatory. Decentralization of revenue areas is the need of the hour so that the administration becomes accessible to all citizens without having to travel significant distances.

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The establishment of Gram Nyayalayas is one classic example, whereby, in order to ensure that the people of remote areas are able to access the courts without any difficulty, the judicial facilities and infrastructures have been created in remote rural areas. It is in the spirit of this progressive thinking of the State Authorities that decentralization of the Patwar areas is being carried out. The decision so taken is keeping in view the concept of “ Nyay Aapke Dwar ”, which is the motto of the National Legal Services Authority of India.

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The instructions dated 19.04.2007 were issued by the Board of Revenue long back and thereafter the scenario has changed significantly. The communication systems have been enhanced by leaps and bound. Proactive approach and outreach

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(4 of 4)

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[CW-8080/2021]

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programmes of the National Legal Services Authority of India and the State units has ensured that the people living in rural areas become aware of their rights. Thus, decentralization should be the norm rather than the exception in order to ensure that the citizens, who reside in rural and far-flung areas of the State, are able to approach the Revenue authorities, the Revenue Courts and the administrative officers without having to travel long distances. With the creation of new Sub-Tehsil Katar Chhoti, the Government shall have to provide additional officers and human resources, which would in turn, have the cascading effect of requiring increase in the cadre strength of the Revenue services, thereby providing more avenues of employment to the educated youth.

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Thus, there is no reason for this court to interfere in the impugned notification dated 31.05.2021, whereby the new SubTehsil Katar Chhoti was created; rather this court appreciates the efforts being made by the Board of Revenue and the State Government in ensuring that the Revenue Services are made accessible to the people in rural areas without having to travel long distances.

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Hence, we find no merit in this writ petition (Public Interest Litigation), which is dismissed as such.

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No order as to costs.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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65-Pramod/-

Tilok Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tilok Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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