Allowed

Hukam Singh v. the State of Rajasthan

Rajasthan HC24 May 2023CW/1396/2023

Case brief

AI extract

What is this about?

The High Court quashed the State's cancellation of a prior land allotment for a Panchayat Bhawan at Khasara No. 699. The Court held the action illegal despite claims of public way obstruction and directed restart of construction and cancellation of the new allotment at Khasara No. 700/524.

What did the court decide?

Cancellation of allotment cancelled; respondents to restart construction at Khasara No. 699 within 10 days and issue order cancelling allotment of Khasara No. 700/524.

Hukam Singh Vs the State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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[2023/RJJD/016949]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 1396/2023

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Hukam Singh S/o Late Shri Shiv Singh, Aged About 45 Years, By Caste Rajput, Resident Of Chandsama, Tehsil Dechu, District Jodhpur (Raj.).

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Smt. Santosh Kanwar W/o Shri Prayag Dan, Aged About 46 Years, By Caste Charan, Resident Of Sawalo Ki Dhani, Chandsama, Tehsil Dechu, District Jodhpur (Raj.).

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur (Raj.).

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The District Collector, Jodhpur (Raj.).

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The Chief Executive Officer, Zila Parishad, Jodhpur (Raj.). 4. The Gram Panchayat Govindpura, Through Its Sarpanch, Govindpura, Tehsil Dechu, District Jodhpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Rameshwar Dave For Respondent(s) : Mr. Sunil Beniwal, AAG Mr. Pritam Solanki

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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24/05/2023

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1. This writ petition has been filed by the petitioners being aggrieved with the action of the respondent – State of canceling the allotment of land of Khasara No.699 of Village Govindpura, Tehsil Dechu, District Jodhpur and of allotting the land of Khasra No.700/524 of that Village for the purpose of construction of Panchayat Bhawan.

[2023/RJJD/016949]

[CW-1396/2023]

(2 of 4)

2. Learned counsel for the petitioners has submitted that earlier a writ petition being DB Civil Writ Petition No.16025/2018 in the form of public interest was filed by two persons challenging the action of the respondent – State of allotting land of Khasara No. 699 of Village Govindpura for the purpose of construction of Panchayat Bhawan, however, the said writ petition was dismissed by the Division Bench of this Court. This Court vide order dated 06.02.2019 passed in DB CWP No.16025/2018 has specifically held that the allotment of Khasara No.699 of Village Govindlpura is perfectly justified for the purpose of construction of Panchayat Bhawan.

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3. It appears that after passing the order dated 06.02.2019 in DB Civil Writ Petition No.16025/2018, fresh election for the post of Sarpanch of Gram Panchayat, Govindpura took place and a new Sarpanch was elected and thereafter he approached the respondent – State authorities for cancellation of allotment of land of Khasara No.699 of village Govindpura and for allotment of land of Khasara No.700/524 of that village for the purpose of construction of Panchayat Bhawan.

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4. It is found that the land of Khasara No.699 of Village Govindpura is a Government land whereas the land of Khasara No.700/524 of that village is a private land, which is surrendered by the Khatedars to the Gram Panchayat Govindpura.

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5. Thereafter, the respondent - State Government has cancelled the allotment of land of Khasara No.699 and allotted the land of Khasara No.700/524 for construction of Panchayat Bhawan in village Govindpura Tehsil Dechu, District Jodhpur.

[2023/RJJD/016949]

[CW-1396/2023]

(3 of 4)

6. The respondent – State as well as respondent No.4 - Gram Panchayat through its Sarpanch have opposed this writ petition and submitted that with the construction of Panchayat Bhawan in Khasara No.699, the public way is being obstructed, therefore, new land has been allotted.

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7. It is noticed that earlier on 17.09.2018, the Patwari of Patwar Mandal, Chandshama has prepared a report, wherein it is specifically mentioned that so called public way is not in use since long and near to the said public way roads have already available to the villagers for commutation.

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8. The respondents have relied upon the commissioner’s report filed in the Civil Suit in the Civil Court, Balesar and submitted that with the construction of Panchayat Bhawan at khasara No.699, the public way is being obstructed, however, it is informed that the said civil suit has already been dismissed as withdrawn.

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9. In the above facts and circumstances of the case, we are of the opinion that the action of the respondents of canceling the allotment of land of the khasara No.699 of village Govindpura and allotting the land of khasara No.700/524 of that village for the purpose of construction of Panchayat Bhawan is absolutely illegal and can not be sustained.

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10. It is informed that at khasara No.699 of village Govindpura, construction of Panchayat Bhawan has been completed up to 40% before the cancellation of allotment of that land.

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11. Learned counsel for the respondent – Gram Panchayat has submitted that at the new location i.e. khasara No.700/524 of village Gonvidpura also 40% of the construction of Panchayat

(4 of 4)

[2023/RJJD/016949]

[CW-1396/2023]

Bhawan has already been completed before passing of the interim order by this Court on 30.01.2023.

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12. Be that as it may, since it has already been held by us that the cancellation of allotment of land of Khasara No.699 of village Govindpura is not justified, the same is hereby quashed and set aside. The respondents are directed to immediately re-start the construction of Panchayat Bhawan at Khasara No.699 of Gram Panchayat Govindpura, Tehsil Dechu, District Jodhur and issue order qua the cancellation of allotment of land of Khasara No.700/524 of Village Govindpura forthwith.

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13. The construction of the Gram Panchayat Bhawan at Khasara No.699 of Village Govindpura be started within a period of ten day from today.

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14. With the above directions, this writ petition is allowed.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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2-Arun/-

Hukam Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hukam Singh v. the State of Rajasthan

Case brief

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