JUDGMENT :

VIJAY BISHNOI, J.

1. The instant writ petition in the nature of Public Interest Litigation is preferred on behalf of the petitioner claiming the following reliefs :

“It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and passed the following directions :

A. By an appropriate, writ, order or direction may kindly be issued and the order impugned dated 30.03.2021 (Annexure-6) passed by District Collector, Barmer may kindly be quashed and set aside.

B. By an appropriate, writ, order or direction may kindly be issued and the land of the Khasra No.4114/3723 area 1.13 bigha of the Village Patodi, Tehsil Pachpadra, District Barmer, may kindly be directed to restore in original position as exists on or before 30.03.2021.

C. By an appropriate, writ, order of direction may kindly be issued and the respondent may kindly be restricted to make any allotments/set apart of the land of Khasra NO. 4114/3723 recorded as Gair Mumkin Gochar of Village Patodi, Tehsil Pachpadra, District Barmer.

D. That nay other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

2. Vide order dated 30.3.2021, the District Collector, Barmer has converted 500 Sq. Meters of land, out of 1.13 Bigha land, recorded as Gair Mumkin Gochar falling in Khasra No.4114/3723 while exercising powers under Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955 (for short ‘the Rules of 1955’) and thereafter has allotted the said 500 Sq. Meters of land for the purpose of erecting a Martyr Memorial (for short ‘Shahid Smarak’) while exercising powers under the Conditions for (Allotment of Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility), 1963 (for short ‘the Conditions of 1963’) at village Patodi. Simultaneously, the District Collector, Barmer has also ordered for converting 500 Sq. Meters of Gochar land out of 3.16 Bigha of Khasra No.3717 of village Patodi recorded as Barani Soyam.

3. Brief facts necessary for adjudication of the case are that on 5.3.2021, the Gram Panchayat, Patodi has filed an application before the Tehsildar, Pachpadra, District Barmer requesting for allotting 8 Biswa of Gair Mumkin Gochar land out of 1.13 Bigha of land falling in Khasra No.4114/3723 of village Patodi for the purpose of constructing Shahid Smarak. The Gram Panchayat has also offered that in compensation of the allotment of 8 Biswa of land of Khasra No.4114/3723 of village Patodi, 8 Biswa of land of Khasra No.3717 be set apart as Gochar. Along with the said application, a resolution of this effect passed by the Gram Panchayat dated 5.3.2021 is also enclosed. The Gram Panchayat has also enclosed a No Objection Certificate stating therein that if 8 Biswa of the land of Khasra No.3717 is set apart for Gair Mumkin Gochar, the Gram Panchayat has no objection.

4. The Tehsildar, Pachpadra has forwarded the said application to the SDO, Balotra, who in turn, after getting the requisite report from the Tehsildar, Pachpadra has referred the matter to the District Collector, Barmer vide letter dated 12.3.2021 along with the check list for necessary action.

5. The Gram Panchayat, Patodi vide letter dated 22.3.2021, addressing to the District Collector, Barmer, has informed that the Shahid Smarak will be constructed from the donation of public. The District Collector, Barmer, thereafter, proceeded further and ultimately vide order dated 30.3.2021 has allotted 500 Sq. Meters of Gochar land of Khasra No.4114/3723 for the purpose of construction of Shahid Smarak in village Patodi while converting 500 Sq. Meters of land of Khasra No.3717 as Gochar land.

6. Assailing the order impugned, learned counsel for the petitioner has argued that the District Collector, Barmer has no jurisdiction to issue the allotment order for the purpose of construction of Shahid Smarak. Referring to Cl