Dismissed

Jagdish Prasad S/O Shri Bhagwan Singh v. State of Rajasthan

Rajasthan HC6 Aug 2024CW/15138/2019

Case brief

AI extract

What is this about?

The High Court dismissed a PIL filed by allottees seeking to restore land previously allotted for cremation. Relying on the fact that the land was confirmed as a water-body, the Court ruled it cannot be allotted for construction and thus the cancellation was justified. The PIL was found to be devoid of force.

What did the court decide?

The writ petition challenging the cancellation order of the allotment of crematory land was dismissed.

Jagdish Prasad S/O Shri Bhagwan Singh Vs State of… — Writ and Judicial Review | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 15138/2019

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Jagdish Prasad S/o Shri Bhagwan Singh, Aged About 50 Years, R/o Bhamu Ki Dhani, Katrathal, Sikar, Rajasthan

¶4

Chhotu Singh S/o Shri Ramlal Singh, Aged About 40 Years, R/o Bhamu Ki Dhani, Katrathal, Sikar, Rajasthan

¶5

Prem Singh Bhamu S/o Bhanwar Lal Bhamu, Aged About 50 Years, R/o Bhamu Ki Dhani, Katrathal, Sikar, Rajasthan

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----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through Collector, Sikar.

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Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur.

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Urban Improvement Trust, Sikar, Through Secretary Uit Sikar.

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Tehsildar, District Sikar.

¶12

----Respondents

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For Petitioner(s)	:	Mr. Bipin Gupta Mr. Naman Pareek
For Respondent(s)	:	Mr. G.S. Gill, AAG assisted by Ms. Shikha Sharma Mr. Rajeev Surana, Sr. Adv. assisted by Mr. Sankalp Sogani Ms. Muskan Verma Mr. Umang Jain
		Mr. Suresh Bairwa for
		Mr. Kapil Bardhar

¶14

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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06/08/2024

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Petitioners have filed this civil writ petition (PIL) with the prayer that the cancellation of the allotment of crematory land

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[CW-15138/2019]

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(2 of 3)

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bearing khasra No. 2247/1172 be rejected and the land be restored as public crematory land.

¶21

It is contended by Mr. Bipin Gupta, Advocate appearing for the petitioner that the land was initially allotted for cremation on 03.10.2018, thereafter, under political pressure, the allotment was cancelled vide minutes of board meeting dated 29.07.2019 and the reason for cancellation was not that the land is a water-body. 3. Mr. G.S. Gill, appearing for the State contends that in the allotment letter dated 03.10.2018, it was mentioned that the land is a part of Khasra No. 1172 and the same was a water-body. It is also contended that on the basis of report of Patwari, Tehsildar has given a certificate on 17.09.2008 that the land in dispute is part of water reservoir. It is contended that since no construction can be made on ponds or water-body, the allotment for the land for cremation has been rightly cancelled. Reliance in this regard has been placed on Jagpal Singh & Ors. Vs. State of Punjab & Haryana: (2011) 11 SCC 396 wherein learned Apex Court has held that "allotment of ponds cannot be allowed for construction of house or any alike purpose".

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We have considered the contentions.

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Present is a Public Interest Litigation seeking rejection of cancellation order whereby the allotment of land for cremation has been cancelled. From perusal of the record as well as the certificate issued by Tehsildar, it is evident that land bearing Khasra No. 1172 is a water-body. In the allotment letter dated 03.10.2018 vide which the land was allotted for cremation ground it is mentioned that the nature of the land is water-body.

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[CW-15138/2019]

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(3 of 3)

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We are of the considered view that the water-body cannot be allotted, therefore, the cancellation order cannot be made a subject matter of PIL and it is immaterial as to for what reason cancellation has been made. The crux of the matter is that land which was allotted was part of a water reservoir and have been allotted for cremation purpose.

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Consequently, we do not find any force in the PIL and the same is dismissed.

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(PRAVEER BHATNAGAR),J

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(PANKAJ BHANDARI),J

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ashu /9

Jagdish Prasad S/O Shri Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish Prasad S/O Shri Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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