The Gram Panchayat has the right to challenge land use conversions and unauthorized constructions through established legal channels rather than through writ petitions.

JUDGMENT

1. This writ petition has been preferred on behalf of the petitioner - Gram Panchayat seeking the following reliefs:

"It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(a) The record of the case may kindly called for.

(b) The orders of conversion of agriculture land situated at original Khasra No. 1849 in gram panchayat Raipur, Panchayat Samiti Raipur, District Pali may be quashed and set aside;

(c) The respondents may be restrained from undertaking any other activity on the aforesaid land other than agriculture activity;

(d) The respondents may be directed to ensure compliance of the Rules of 2007 and the conditions of conversion whereby resolution/ NOC from concerned gram panchayat is required to be obtained before passing orders of conversion and also before raising any construction over the land in question;

(e) The respondents may be directed to pay necessary costs and charges to the petitioner gram panchayat for the loss caused through the impugned actions;

(f) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.

(g) Costs of the litigation be allowed in favour of the petitioner."

2. The petitioner is claiming that 15 bigha of the agricultural land situated at Khasra No. 1849 in Gram Panchayat, Raipur, Panchayat Samiti Raipur, Distt. Pali has wrongly been converted by the Tehsildar concerned for residential purposes in favour of the private respondents under the provisions of Rajasthan Land Revenue (Conversion of Agriculture Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007 (for short ?the Rules of 2007'). It is further claimed that the private respondents are carrying out illegal activities such as construction of residential houses on the aforesaid converted land. It is also claimed on behalf of the petitioner - Gram Panchayat that while converting the disputed land from agricultural to residential purposes, the provisions of the Rules of 2007 have not been followed by the Tehsildar concerned.

3. Having heard learned counsel for the petitioner and after going through the material available on record, this Court is of the opinion that if the petitioner - Gram Panchayat is aggrieved by the conversion of 15 bigha of agricultural land for residential purposes and if it has any locus standi, it can very well challenge the same before the authority concerned by way of filing appeal under the Rajasthan Land Revenue Act, 1956. Further, if the petitioner - Gram Panchayat is aggrieved by the construction activities carried out by the private respondents on the aforesaid converted land on the ground that the said construction is being carried out without obtaining permission for residential purposes from the Gram Panchayat concerned, then, in such circumstances, the petitioner - Gram Panchayat is competent to take action against the concerned persons under the provisions of the Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj Rules, 1996.

4. In view of the above discussion, I find no case for interference in this writ petition and the same is hereby dismissed.

5. Stay petition is also dismissed.