Disposed

Manoj Kumar Changal S/O Shri Jagdishlal Changal v. State of Rajasthan

Rajasthan HC22 Jul 2024CW/4160/2024

Case brief

AI extract

What is this about?

A PIL petition alleging encroachment on pasture land was disposed of by providing liberty to the petitioner to approach the Tehsildar under Section 91 of the Rajasthan Land Revenue Act 1956 for an inquiry, without adjudicating land status or rights.

What did the court decide?

Liberty granted to petitioner to approach the Tehsildar by moving appropriate application with details of land and records to hold an inquiry under Section 91 of the Rajasthan Land Revenue Act 1956.

Manoj Kumar Changal S/O Shri Jagdishlal Changal Vs State… — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JP:30569-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 4160/2024

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Manoj Kumar Changal S/o Shri Jagdishlal Changal, Aged About 46 Years, R/o Village Post Barwas, Tehsil Todaraisingh District Tonk, Rajasthan- 304505

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat Jaipur, Rajasthan- 302005.

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District Collector, Tonk, District Tonk, Rajasthan- 304001. 3. Subdivision Magistrate, Tonk, District Tonk, Rajasthan304001.

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Patwari, Patwar Halka-Barwas, Tehsil Todaraisingh, District Tonk, Rajasthan- 304505.

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----Respondents

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For Petitioner(s) : Mr. Himanshu Jain

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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22/07/2024

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Heard.

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This PIL petition has been filed alleging encroachment on pasture land.

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From the contents of the petition, we find that representations have been made to various Authorities on the allegation that certain persons (unknown) have been carrying out agricultural activities over a huge chunk of land situated within the jurisdiction of Gram Panchayat, Barwas District Tonk.

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Under Section 91 of the Rajasthan Land Revenue Act 1956 (hereinafter referred to as ‘The Act of 1956’), an inquiry can be

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[2024:RJ-JP:30569-DB]

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[CW-4160/2024]

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(2 of 2)

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made by the Tehsildar in case any complaint is made regarding encroachment on pasture land.

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If the case of the petitioner is that the land on which agricultural activity is being carried out by large number of persons is pasture land, his remedy lies in approaching Tehsildar. We find that though various representations were made to the different Authorities, there is no representation made to the Tehsildar. It is also not known whether the representation made to the Collector and Sub-divisional Officer was forwarded to the Tehsildar for holding an inquiry on such complaint in accordance with the provisions contained in Section 91 of the Act of 1956.

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Be that as it may, we are not inclined to keep this petition pending but dispose it off with liberty to the petitioner to approach the Tehsildar concerned by moving appropriate application with complete details of the land along with relevant revenue record and the persons who are alleged to be encroachers. If any such application is made before the Tehsildar, Todaraisingh, District Tonk, the Tehsildar shall act in accordance with law. It is made clear that we have not commented upon the merits of the case and this order should not be treated as any declaration of the land in dispute being pasture land or otherwise or the rights of the persons to carry out agricultural activities. Entire issue is left open for consideration in an inquiry before the Tehsildar.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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SANJAY KUMAWAT /TANISHA/31

Manoj Kumar Changal S/O Shri Jagdishlal Changal v. State of Rajasthan

Case brief

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Manoj Kumar Changal S/O Shri Jagdishlal Changal v. State of Rajasthan

Case brief

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