The main legal point established is that the court can direct the State Government to consider the application for regularization and conversion of land, and can order the Gram Panchayat to file a fresh representation for the same.

JUDGMENT

Vinit Kumar Mathur, J. - The present batch of writ petitions arises out of the similar facts, therefore, the same is being decided by this common order.

2. The facts of S.B. Civil Writ Petition No. 18087/2019 (Smt. Nisha Devi V/s State of Rajasthan & Ors.) are taken into consideration while deciding this batch of writ petitions.

3. The present batch of writ petitions have been filed against the order dated 16.10.2008 passed by Additional District Collector, Bhilwara, whereby the revision petitions preferred by the Tehsildar, Hurda District Bhilwara have been allowed. The Pattas issued in favour of the petitioners have been rejected and the matter has been remanded back to the Tehsildar, Hurda for appropriate entries to be made in the revenue record after taking recourse to section 136 of the Rajasthan Land Revenue Act, 1956. The petitioners have also prayed that the consequential orders passed by the Assistant Collector on 14.07.2014 and notices dated 13.11.2019 issued by the Tehsildar, Hurda may be quashed and set aside.

4. Learned counsel for the petitioners submits that the petitioners are bonafide purchasers of the subject piece of land which they purchased after the Gram Panchayat had issued the pattas in their favour after following due process of law. On this Pattasud land, the petitioners have made construction of residential houses and shops and the same are being used for their dwelling purpose and for earning their livelihood. It is further contended that as per the latest position, the petitioners land forms center of the village and the same can easily be termed as abadi area of the village. Learned counsel further submits that merely on account of the fact that at the time of settlement, the land was not correctly shown in the revenue record and therefore, on that premise, this entire exercise has been undertaken for removal of the petitioners from this land. There is no fault of the petitioners for which they are made to suffer this irreparable loss. He, therefore, prays that the order dated 16.10.2008 may kindly be quashed and set aside.

5. Per contra, learned counsel for respondent Gram Panchayat submits that considering the land to be an abadi land, the gram Panchayat took recourse for issuance of the pattas to the petitioners. He further submits that under the bonafide impression, the Pattas were issued to the petitioners considering the land to be an abadi land and no fraud or misrepresentation has been made by any of the parties. He further submits that the Gram Panchayat has moved a representation to the State Government for conversion of such land of the petitioners to abadi land and for setting apart equal amount of land for Charagah land in the same village or in the nearby area and the said representation is pending consideration before the State Government.

6. Mr. Manish Tak, learned Additional Government Counsel appearing on behalf of respondents No. 1 to 4 submits that the entire action of the Gram panchayat is dehors the law as the land for which Pattas were issued was not within the domain of the Gram Panchayat. He fairly submits that there is ample powers with the State Government for regularizing such land from Charagah land to Abadi Land and for setting apart equal amount of land for Charagah in village Sareri or in the nearby area.

7. Considering the submissions made at the Bar, this court is of the view that the Pattas issued to the petitioners by the Gram Panchayat were under the bonafide impression that such land is abadi land and since no fraud has been played by any party and the proceedings as per law have been undertaken, therefore, interest of justice will be met, if the State Government is directed to consider the application preferred by the Gram Panchayat for regularizing such land from Charagah land to Abadi Land and for setting apart equal amount of land for Charagah in village Sareri or in the nearby area. It is also noted that the petitioners have constructed their dwelling h