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2008 Supreme(Raj) 296
[Citation : RLW 2008(2) RJ 1075 (Raj.)]
(Rajasthan High Court)
Ratan Lal Vs. State of Raj. & Ors. (Kothari, J.)
HONBLE VINEET KOTHARI, J.
Ratan Lal
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.1364 of 2005, decided on 29th February, 2008
Manish Shishodia, for Petitioner
O.P. Boob, Addl. Government Advocate
Headnote:Rajasthan Land Revenue (Allotment of Land for Digging of Wells and Installing of Pumping Sets for Irrigation Purposes) Rules, 1979, Rule 12-A — Regularisation of pasture land whether the words "Tube-wells" amounts to "Wells or pumping sets" — Petitioner constructed tube-well on pasture land and applied for regualrisation under 1979 Rules — Board of Revenue rejected the claim holding that land was in the name of his wife and Rule 12-A includes only "well or Pump set" and not "tube-well" — Held — The State Got. vide notification dated 30.6.2003 included the word "Tube-well" in the category of "Wells and Pumping Sets" therefore, Rule 12-A applies in the case of tube wells also — Deserves regularisation u/Rule 12-A — Order quashed and set aside — Matter remanded.
Writ petition allowed. (Paras 10 to 12)
jktLFkku Hkw jktLo ¼flapkbZ iz;kstukFkZ dq, [kqnkbZ ,oa ifEiax lsV LFkkiukFkZ Hkwfe dk vkoaVu½ fu;e] 1979] fu;e 12d & pkjkxkg Hkwfe dk fu;eu & D;k ^^dq, ,oa ifEiax lsV* esa ^^V~;wc osy** kCn lfEefyr gS\ & izkFkhZ us pkjkxkg Hkwfe ij V~;wc osy dk fuekZ.k djk;k ,oa 1979 ds fu;eksa ds rgr fu;e gsrq vkosnu fd;k & jktLo e.My us ;g vfHkfu/kkZfjr djrs gq, nkok fujLr fd;k fd Hkwfe mldh iRuh ds uke Fkh o fu;e 12d esa dsoy ^^dq, o ifEiax lsV** gh lfEefyr gS u fd ^^V~;wc osy** & vfHkfu/kkZfjr & jkT; ljdkj us vf/klwpuk fnukad 30-6-2003 ds }kjk ^^V~;wc osy** kCn dks Hkh ^^dqvksa vkSj ifEiax lsV** dh Js.kh esa lfEefyr fd;k gS vr% V~;wc osy ds ekeys esa Hkh fu;e 12d ykxw gksrk gS & fu;e 12d ds rgr fu;eu ;ksX; gS & vknsk vfHk[kf.Mr ,oa vikLr fd;k & ekeyk izfrizsf"kr fd;kA ¼in la- 10 ls 12½
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(i) So as to quash the impugned orders dated 8.1.2002 (Annexure-15) and 15.12.2004 (Annexure-18) passed by the learned Collector and the learned Board of Revenue respectively and the respondents may be directed to regularize and allot the land as prayed by the petitioner.
(ii) It may be declared that the petitioner is entitled to allotment of land in Khasra No.960/Min to the extent prayed by the petitioner and any other order including that of Gram Panchayat, if that were to come in the way, be quashed and set aside.
(iii) any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(iv) Exemplary costs of the writ petition may kindly be awarded to the petitioner in view of the peculiar facts of the case.”
2. The Board of Revenue by its impugned order dated 15.12.2004 allowing the appeal filed by the State Government against the order of the Revenue Appellate Authority dated 17.12.2002 under Section 76 of the Rajasthan Land Revenue Act, 1956 who held that the petitioner was entitled to be given Gair-Khatedari rights under Rule 12 A of the Rajasthan Land Revenue (Allotment of Land for Digging of Wells and Installing of Pumping Sets for Irrigation Purposes) Rules, 1979 (hereinafter referred to as the Rules of 1979).
3. Since the petitioner had constructed a tube-well on the pasture land of one biswa situated in khasra No.960 in village Beerdhol, he applied for regularisation under Rule 12A of the aforesaid 1979 Rules which was however rejected by the District Collector, Bhilwara by his order dated 8.1.2002 Annex.15 on record. The appeal filed by the petitioner against the said order before the Revenue Appellate Authority was however allowed by the order dated 17.10.2002, the the second appeal preferred by the State Government against the said order of the Revenue Appellate Authority came to be allowed by the Board of Revenue by its order dated 15.12.2004. Hence, this writ petition has been filed by the petitioner in this Court.
4. Mr. Manish Shishodia, learned counsel for the petitioner submitted that the Board of Revenue has erred in allowing the appeal of the State and rejecting the claim of the petitioner for regularisation under Rule 12A of the aforesaid 1979 Rules because the said Rules clearly permitted regularisation of such well of pumping sets including the tubewells by any person and initially only Gair Khatedari rights were conferred and is only after expiry of 10 years if the land in question is bonafide used for such irrigation purpose only, even khatedari rights can be conferred upon the person concerned, subject to payment of annual lease money. He submitted that the Board of Revenue has not only held wrongly that no regularisation could be done in this case but has gone to the extent of directing initiation of disciplinary proceedings against the petitioner, who was a Government servant also.
5. The contention raised by the learned counsel for the petitioner is opposed opposed by the learned Government Advocate, who submits that no such regularisation could be made under Rule 12A of the 1979 Rules in favour of the petitioner in view of the same being a pasture land and Rule 4 prohibited such regularization. He, however, submits that by the notification dated 30.6.2003 under 1974 Rules “Tubewells” are also included besides wells and pumping sets.
6. I have heard learned counsel and perused the record.
7. Rule 12A of 1979 Rules relevant for the present purpose is reproduced hereunder for ready reference:-
“12-A. Regularisation.—If any person constructs a well or installs a pumping set on unoccupied Government land or pasture land and proceedings against him have been initiated by the Tehsildar under section 91 of the Act, the Collector or any other officer authorised in this behalf
