Disposed

Gopal Gurjar v. State of Rajasthan

Rajasthan HC22 May 2024CW/6479/2024

Case brief

AI extract

What is this about?

Poor residents of a colony on gochar (grazing) land at Bilara sought conversion of the land to abadi, regularization of possession, and water and electricity connections. The District Collector had received a positive SDO recommendation but not decided. The court directed conversion of the land from gair mumkin gochar to abadi with equivalent gochar land reserved nearby within eight weeks, and exp

What the court decided

AI extract

Gopal Gurjar Vs State of Rajasthan — Municipal and Town Planning | Rajasthan HC (2024)

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[2024:RJ-JD:23096]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6479/2024

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Gopal Gurjar S/o Shri Sugana Ram, Aged About 40 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Babulal S/o Shri Narayan Lal Ji, Aged About 45 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Dayal Ram S/o Shri Mana Ram Ji, Aged About 56 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Dudaram S/o Shri Narayan Ji, Aged About 55 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Gori Lal S/o Shri Gamana Ram Ji, Aged About 50 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Raju Gurjar S/o Shri Shivdan Ram, Aged About 33 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Kalu Ram S/o Shri Narayan Ram, Aged About 45 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Goru Ram S/o Shri Narayan Ram, Aged About 44 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Babulal S/o Shri Soji Ram, Aged About 57 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Bhag Chand S/o Shri Govind Ram, Aged About 37 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Madhu Ram S/o Shri Viram Ram, Aged About 58 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Omprakash Gurjar S/o Shri Narayan Ram, Aged About 38 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Mishri Lal S/o Shri Hari Kishan, Aged About 30 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Raju Ram S/o Shri Ramkaran, Aged About 25 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Mukna Ram S/o Shri Ukar Ram, Aged About 64 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Ramdev S/o Shri Sukhdev, Aged About 50 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Prahlad S/o Shri Sukhdev, Aged About 55 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Rajuram S/o Shri Gokulram, Aged About 30 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Rajendra S/o Shri Sugana Ram, Aged About 38 Years, R/o R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Ruparam S/o Shri Sukhdev Ram, Aged About 39 Years, R/ o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Ladu Ram S/o Shri Sukhdev, Aged About 68 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Kana Ram S/o Shri Bhola Ram, Aged About 49 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Mithu Lal S/o Shri Shivji, Aged About 25 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Pusa Ram S/o Shri Mangu Ram, Aged About 65 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Sukhpal S/o Shri Kala Ram, Aged About 38 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Mohan Lal S/o Shri Mewa Ram, Aged About 34 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Babu Lal Gurjar S/o Shri Madhu Ram, Aged About 53 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Jagdish Singh S/o Shri Baldev Ram, Aged About 30 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Sanvar Lal S/o Shri Meva Ram, Aged About 48 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Kamla W/o Shri Pacha Ram, Aged About 55 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Mishri Lal S/o Shri Dayal Ram, Aged About 52 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Jivraj S/o Shri Prahlad, Aged About 35 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Sanwar Lal S/o Shri Hira Lal, Aged About 37 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Chotu Ram S/o Shri Mana Ram, Aged About 60 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Devaram S/o Shri Saga Ram, Aged About 74 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Narayan S/o Shri Saga Ram, Aged About 77 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Sag Ram S/o Shri Amra Ram, Aged About 38 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Bhanwar Lal S/o Shri Kalu Ram, Aged About 28 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Shivram S/o Shri Baldev Ram, Aged About 48 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Narayan Lal S/o Shri Baluram, Aged About 64 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Kana Ram S/o Shri Chandra Ram, Aged About 60 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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Teja Ram S/o Shri Narayan Ram, Aged About 43 Years, R/o Gujaro Ka Dhana, Pataliyawas, Bilara, District Jodhpur (Raj.).

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----Petitioners

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Versus

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State of Rajasthan, through Secretary, Department of Revenue, Government of Rajasthan, Secretariat, Jaipur (Raj.).

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The District Collector, Jodhpur (Raj.). 3. Sub-Divisional Officer, Bilara, District - Jodhpur (Raj.). ----Respondents

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For Petitioner(s)	: Mr.	Lakshya Singh Udawat.
For Respondent(s)	: Ms. Mr.	Meenal Singhvi R.D. Bhadu.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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22/05/2024

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Heard learned counsel for the parties.

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The present writ petition has been filed with the following

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prayers:-

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“(i) The record of the case may be called for.

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(ii) The colony established in Khasra No.4314 and 4297 of Village Bilara, Chak 3, Tehsil Bilara, District Jodhpur may be registered into Abadi Land.

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(iii) The respondents may be directed to act upon the recommendation for regularization of the colony of the petitioners.

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(iv) The petitioner’s peaceful possession in Khasra No.4314 and 4297 of Village Bilara, Chak 3, Tehsil Bilara District Jodhpur shall not be disturbed.

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(v) The respondents may be directed to issue water and electricity connections to the present petitioners.”

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Learned counsel for the petitioners submits that the petitioners are coming from lowest rung of the society and are very poor people. He further submits that approximately 178 families are residing in Khasra No.4314 and 4297 of Chak 3, Tehsil Bilara, District Jodhpur, out of which, approximately 75 to 80 families are from Gurjar community and remaining families are from Kalbelia, Dadi, Meghwal community. He also submits that the land, where the petitioners are having their dwelling houses and are residing, is categorized as gochar land in the Revenue Record. 4. Learned counsel also submits that the petitioners have filed numerous representations before the competent authorities for conversion of land use from gochar to abadi . He further submits

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that since no action has been taken on the representations filed by the petitioners, the present writ petition has been filed.

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Learned counsel for the petitioners further submits that the Sub Divisional Officer, Bilara has also recommended for conversion of the present land from gochar to abadi. It has also been recommended that equal dimension of land can be kept reserved for gochar which is available in the near vicinity. Learned counsel also submits that despite there being a positive recommendation, though the matter is being considered by the District Collector, Jodhpur, but the same has not been finally decided. Learned counsel for the petitioners, therefore, prays that the respondents may be directed to take appropriate measures and convert the present piece of land from gochar to abadi and regularize the possession of the petitioners over the land which is in their occupation.

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Ms. Meenal Singhvi and Mr. R.D. Bhadu, learned counsel for the respondent-State submit that the matter is under active consideration of District Collector, Jodhpur and a report has been sought from the Sub Divisional Officer, Bilara on certain points. They further submit that the respondents are not dispossessing the petitioners from the land in their occupation and requisite steps are being taken for converting the land from gair mumkin gochar to abadi land. They assure this Court that needful will be done at the earliest.

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Considering the submissions made by learned counsel for the parties, this Court feels that ends of justice will be met, if the writ petition is disposed of by directing the respondent No.2- District Collector, Jodhpur to complete the proceedings of converting the

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subject piece of land from gair mumkin gochar to abadi and at the same time, equivalent dimension of land be kept reserved for gochar which is available in the near vicinity of the present piece of land.

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Ordered accordingly.

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The needful shall be done within a period of eight weeks from the date of receipt of certified copy of this order.

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The District Collector, Jodhpur shall also explore the possibility of providing minimum basic needs i.e. water and electricity to the inhabitants of the area after charging requisite fees from them.

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Stay petition as well as other pending misc. applications, if any, stand disposed of accordingly.

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(VINIT KUMAR MATHUR),J

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56-Shahenshah/-

Gopal Gurjar v. State of Rajasthan

Case brief

What is this about?

What the court decided

Gopal Gurjar v. State of Rajasthan

Case brief

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What the court decided

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