The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.

JUDGMENT :

Reportable

1. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India with the following prayers:-

“A. By an appropriate writ, order and direction may kindly be issued and the proposal dated 20.08.2020 (Annexure-3) taken by the Gram Panchayat may kindly be declared forged and fabricated.

B. By an appropriate writ, order and direction may kindly be issued and the order dated 21.11.2020 (Annexure-7) passed by District Collector, Barmer, basis on the proposal of the Gram Panchayat may kindly be declared illegal, arbitrary and against the settle preposition of law and the same may kindly be quashed and set aside.

C. By an appropriate writ, order and direction may kindly be issued and the financial and administrative sanction dated 22.04.2021 (Annexure-8) issued by District Programme Convener Zila Parishad Barmer may kindly be quashed and set aside.

D. That any other relief, which this Hon’ble Court deems fit to protect and maintained the healthy judicial system in State of Rajasthan, by which the petitioner may get full justice may also be allowed.”

2. Brief facts of the case are that this petition has been filed against the recommendation dated 20.08.2020 and proposal sent by Tehsildar Samdadi on 13.10.2020 with regard to allotment of the land of Khasra No.592 of village Thakar Kheda, reserved as Gair Mumkin Gochar.

3. That before 16.11.2019 the village Majal and Thakar Kheda both are part of the Panchayat Circle of Gram Panchayat Majal. On 12.06.2019, the Government of Rajasthan issued a notification while exercising the statutory power of Panchayati Raj Act, 1994 and directed to reconstitute the Panchayat Circle of entire Rajasthan.

4. According to the notification dated 12.06.2019, the District Administration, Barmer prepared a proposal for reconstitution of Gram Panchayat Majal and the same was sent to the State Government with a recommendation for constituting a new Gram Panchayat for village Thakar Kheda, which was earlier a part of Gram Panchayat Majal. The District Committee further recommended that a headquarter will be established at the Village Thakar Kheda. The Committee also recommended that a Panchayat Building will be constructed within the limit of 3 kms from village abadi. According to the proposal, the State Government issued a notification on 16.11.2019 and a new Gram Panchayat was constituted namely Thakar Kheda and the Village Thakar Kheda and Dev Nagar, were included in the newly constituted Gram Panchayat. Thereafter, election of the Panchayat Body was held in the month of September, 2020 and the voters of Panchayat Circle elected the petitioners as panchas from different wards of Gram Panchayat Thakar Kheda.

5. A land of Khasra No.592 Rakba 65.03 Bigha of Village Thakar Kheda was reserved as Gair Mumkin Gochar and in the year 2010, a land of 1.10 Bigha was set apart as a Gair Mumkin Shamshan, as the old Shamshan was already existing in the nearby Nadi. The land of Khasra No.592 is a catchment of the water body/pond situated at Khasra No.591 of village Thakar Kheda and the water flow of Khasra No.591 also comes from Khasra No.592. The said maps are placed on record as Annexure-1 & 2, respectively.

6. The issue with regard to construction of the Panchayat Bhawan of Gram Panchayat Thakar Kheda, was dealt in a fraud and fabricated manner and the Sarpanch of Gram Panchayat prepared a forged proposal with the signature of the petitioner Sagar Kanwar, however, there was no notice for the general meeting and when the said meeting was held, at that time, guidelines and restrictions of COVID-19 pandemic, were imposed by the Government of Rajasthan and thus, the meeting could not be held.

7. According to the proposal, the land which is a part of catchment and water flow of the pond/water body, was selected and was proposed as a part of Khasra No.592, which is situated at 7 kms distance from the village Abadi Circle as well as other public utility buildings i.e. School