Honble LODHA, J.—The three villagers residing in Village Maujpur, Tehsil Mahua, District Dausa have filed this writ petition in the nature of public interest litigation. According to them the interest of general public of Village Maujpur has been seriously affected by the allotment of two hectares of land to the Indian Oil Corporation out of Charagah land bearing Khasra No. 222 ad-measuring 6.13 hectares situate at Village Maujpur.

(2). Section 5(28) of the Rajasthan Tenancy Act, 1955 (for short, Act of 1955) defines "pasture land" to mean land used for the grazing of the cattle of a village or villages or recorded in settlement records as such at the commencement of that Act or thereafter reserved as such in accordance with the rules framed by the State Government.

(3). In exercise of the powers conferred by Section 257 of the Act of 1955, the State Government made the Rules called Rajasthan Tenancy (Government) Rules, 1955 (for short, Rules of 1955). Chapter II thereof is to give effect to the provisions of Section 5(28) of the Act of 1955. Rule 7 therein reads thus :-

"7. Allotment or setting apart of Pasture Land - )1. The Collector may, in consultation with the Panchayat, change the classification of any pasture land, as defined in sub-section (28) of Section 5 of the Act or any pasture land set apart under section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act of 1956), as unoccupied culturable Government land (Sawai Chak), for allotment for agricultural or any nonagricultural purposes :

Provided that in case where the area of the land sought to be so allotted or set apart exceeds 4 hectares, the Collector shall obtain prior permission of the State Government :

Provided also that any such land, falling within the boundary limits of the Jaipur Region as defined in the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982) or within the periphery of 2 kms. Of a municipality, shall not be allotted except for the purpose of a public utility institution or for expansion of abadi.

(2) Where classification of any pasture land is changed under sub-rule (1), the Collector may set – apart an equal area of unoccupied culturable Government land, if available as pasture land in the same village."

(4). The State Government also made the Rules entitled The Rajasthan Land Revenue (allotment, conversion and regularisation of agricultural land for constructions of cinemas and establishment of petrol pump or medical facilities) Rules, 1978 (for short, Rules of 1978).. Rule 5 of the Rules of 1978 provides for classes of land that may be allotted for the constructions of cinemas or establishment of petrol pump. It reads thus :-

"5. Classes of land which may be allotted. - Land for the construction of cinema or establishment of a petrol pump or medical facilities may be allotted by way of lease out of the following categories of unoccupied Government land namely--

(a) Unculturable Land classified as Gair mumkin or Ujar:

Provided that the land used as cremation ground or burial ground, grazing grounds or pasture land and the pal or embankment of a tank the water of which is used by the village cattle, even though classified as unculturable shall not be allotted:

(b) Where suitable land classified as unculturable is not available, culturable waste land or land classified as banjar:

(c) Where land of the categories mentioned in the preceding clauses are not available, the lowest class of barani land available.

Provided that no irrigated land classed as chahi, nahri, or talabi shall be allotted in any case, except with the permission of the State Government."

(5). Relying upon Rule 5 of the Rules of 1978, the petitioners allege that the pasture land could not have been allotted for the establishment of the petrol pump. According to them the order dated 22nd of January, 2001 changing the classification of two hectares of pasture land by the District Collector, Dausa is also illegal for want of any consultation with the concerned Gram Panchayat.

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