The main legal point established is that the land allotment was in accordance with the Rajasthan Tenancy (Govt. Rules) 1955 and the petition lacked public interest.

1. - In this Public Interest Litigation, the petitioners have submitted, that the respondents No. 3 and 4 have established schools at Churu and Salasar respectively. The petitioners are filing this PIL to avoid breach of peace. It was further alleged that controversy involved in this writ petition is already pending before this court in SBCWP No. 134/01 (Vishwa Nath Tabaria v. State of Rajasthan .) , in which after admission, stay was granted.

2. The Manager of respondent No. 3, wrote a letter to District Collector, Churu and alleged that 4 bighas of land in Salasar may be given to respondent No. 4. Collector, Churu called report from Tehsildar and Tehsildar in turn, called report from Patwari and informed vide letter dated 23.12.2005 that in Salasar Khasra No. 757/611 measuring 42 Bighas is a Gochar land, and further stated that total Gochar land is 208.15 Bighas, whereas number of animals in the village is 2881 and thus, Tehsildar informed to the Collector that Gochar land available at Salasar for animals is less and still it needed 1237 bighas of land. In spite of the fact that the land was less in comparison to animals in the village, 4 Bihgas of Gochar land was allotted to respondent No. 4 stating that there is Govt. land measuring 9 to 10 bighas though, no such land is available, so all villagers are annoyed. As per the Rajasthan Tenancy (Govt. Rules) 1955 (hereinafter referred to as (the Rules of 1955) 1/2 bigha of Gochar land is required for each cattle. Thus, allotment orders issued by the District Collector dated 11.6.2007 and 10.8.2007 Annexures/6 and 7, are per se, illegal and without jurisdiction, and in violation of rules of 1955. There is no Government land available in the village which can be converted into Gochar land. It is further alleged that Rule 7 of the Rules of 1955 is contrary to the scheme of the Act, hence, this rule may be declared void and allotment of Gochar land in Khasra No. 757/611, made by the District Collector, Churu, vide Annexure/ 6 and 7 be quashed and set aside, and the respondent No. 4 be restrained from using it and entering in it.

3. Respondent No. 3 and 4 have filed preliminary objections, and submitted, that this writ petition has not been filed in the public interest but, has been filed by persons being Ladhu Singh and Shravan Kumar, having their own interest in it, to fulfill illegal interest, who are secretary and members of the executive of R N Public Secondary School, which is situated adjacent to the land in question. It is further alleged that this school has trespassed over some part of the land of Khasra No. 757/611. This school building is also constructed on agricultural land and this school is using land in question for parking its buses and for its play ground. It was also submitted that the land in question was allotted to the respondent, after getting it converted, from pasture land to non pasture land, and also after converting 6 bighas and 5 biswa of land, out of 9 bigha and 10 biswa land of Khasra No. 649/609, into pasture land in compensation to 4 bighas land allotted to respondents. It is further submitted that Mr. Sanjeev Sharma, president of Salasar Gram Vikas Samiti, made a complaint to the District Collector, and alleged that RN Public Secondary School has constructed school building on pasture land of Khasra No. 757/611, and also that school has trespassed over pasture land. It was also submitted that the land in question is surrounded by populated area. There are RN Public Secondary School, one Hostel of Social Welfare department, Govt. Girls School, Police station and some other Govt. departments near the allotted land, and land in question is not useful for grazing the cattle, as RN Public Secondary School is parking its buses on that ground. It was also submitted that the respondent has paid total Rs. 6 lacks as value of the land, and has taken possession, and got land transferred in their name, and has also constructed two rooms in which school