Rajasthan High Court, Jaipur Bench
Honble ARUN Madan, J.
Rang Lal Meena - Appellant
Versus
The State of Rajasthan and Others - Respondents
S.B. Civil Writ Petition No. 540 of 1984
Decided On : December 13, 1994
(2). The facts giving rise to the filing of this writ petition briefly stated, are that the petitioner is a resident of village Mandawari Tehsil Lalsoth, District Dausa and is by caste Meena and as such belongs to Scheduled Tribe of Rajasthan State. It has been contended in the writ petition that the petitioner has got no residential house in the village and as such gram-panchayat Mandawari has been exploiting the petitioner with a view to deprive him of the possession of the land in question. The aforesaid piece of land of which the petitioner is claiming possession is situated in western side of land of Nemichand Jain and at some distance on the same track, Rambilas respondent No.5 is having his house and in the same vicinity one Munsi Lal Soni son of Narain Soni Ex Sarpanch of village Mandawari is also having his land. It has been contended on behalf of the petitioner that Munsi Lal Soni, respondent No.5, was holding his post as Sarpanch in the years 1974-77 and during the relevant period, the land measuring 173 x 35 x 41 total measuring 6574 sq. feet at the rate 4 NP per squire feet was allotted to the petitioner and the petitioner had paid in all Rs. 2621.96 Tor the allotment of his said land to the gram-panchayat, Mandawari. It has been further stated by the petitioner that respondent No.4 has got three double storied houses and two shops in village Mandawari and that these houses and shops were also existing before allotment of disputed land to the petitioner. It has been further contended that since the petitioner is from Scheduled Tribe having no house in the village, had requested the gram-panchayat to allot a piece of land measuring 100 x 100 on the same basis as allotted to respondent No.4, the then Sarpanch and Rambilas respondent No.5 but his application was rejected. On number of occasions the petitioner had requested the gram-panchayat to supply him the copy of the rejection order but the same has not been given to him and as such he had no alternative except to file a revision petition before the Collector. The petitioner has further alleged discrimination by the authorities qua other applicants as referred to above since on the one hand it is said that the land is required to be given to the petitioner by observing formula of rules 65 and 66 of the Rules of 1961 to Munsi Lal Sarpanch as well as Rambilas, respondent No.5 who were allotted land in terms of allotment order, dated 6.5.1975 by gram- panchayat, Mandawari (total land given to him 1350 sq. feet @ 4 NP per squire feet) and on similar basis gram-panchayat had allotted land to Munsi Lal Soni, respondent No.4 vide order Ex.3, but the petitioner was left out for allotment of the land in question. It has been further contended by
(3) Poona vs. Tehsil Panchayat (RLW 1960 P. 475)
(6) Kishore Singh & Anr. vs. Tehsil Panchayat
(8) Smt. Anand Kanwar etc. etc. vs. State of Raj. (1991 (1) RLR 270)
(9) Misrimal vs. Gram Panchayat
(10) Giri Raj & Ors. vs. State of Raj. & Ore. (1986 (1) WLN 707)
(11) Onkar Chand vs. State of Raj. (1978 RLW 550)
(15) Bhanwarilal vs. The State of Raj. (1986 RLW 581)
(16) Rajendra Singh vs. State of Raj. & Ors. (1990 (1) RLR 496)
(18) Lakha Singh and etc. vs. State of Raj. & Ors. (AIR 1985 Raj. 101)
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