2009 Supreme(Raj) 599
[Citation : RLW 2009(2) RJ 1101 (HC)]
(Rajasthan High Court)
Prahlad Singh Mahla Vs. State of Raj. & Ors. (Chauhan, J.)
HON'BLE R.S. CHAUHAN, J.
Prahlad Singh Mahla
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No. 1073 of 2003, decided on 22.04.2009
Anoop Dhand, for Petitioner;
D. V. Tholia, for Respondent No. 4
Headnote:Rajasthan Panchayati Raj Rules, 1996, Rule 156 — Allotment of abadi land to injured ex-service Army personnels — Allotment by Gram Panchayat — Block Development Officer given direction for allotment of land to petitioner but Sarpanch not allotted the land to him — Held — Once a direction has been issued by B.D.O., the Sarpanch was duty bound to implement the said order — Sarpanch is directed to allot land measuring five hundred square yards at concessional rate. (Paras 21 & 23)
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2. The brief facts of the case are that the petitioner was serving as a Naik Soldier in Indian Army. He was given the Army Number 2682273 W NK and he was posted with 16 Grenadiers during the "Operation Vijay" at Kargil. While he was fighting the Kargil War, he was gravely injured; he has not only sustained three bullet injuries, but also suffered the fracture of left radius bone and of the right clavicle. He further sustained injuries on his abdomen. Consequently, the petitioner suffered a permanent disability of eighty percent.
3. On 7.4.2001, the petitioner submitted an application to the Sarpanch of Village Derwala, Panchayat Samiti Jhunjhunu, District Jhunjhunu. In the said application, he prayed that a land measuring one thousand square yards be allotted to him in Khasra No. 225 of Village Derwala. The Gram Panchayat met on 5.7.2001 and opined that one bigha of land could be converted for residential purpose so that injured ex-service personnels can be re-settled. Therefore, a request be made to the District Collector, Jhunjhunu for converting the land in Khasra No. 225 from agricultural to residential usage. On 31.7.2001, the Director, Soldier Welfare Department also wrote a letter to the District Collector, Jhunjhunu, recommending the grant of land to the petitioner. Since the Collector had not sanctioned the land, in its meeting dated 5.8.2001, the Gram Panchayat again resolved that it is the duty of the Gram Panchayat to rehabilitate and re-establish soldiers who have sacrificed their lives and limb for the nation. Therefore, the Gram Panchayat again sent a proposal with regard to converting the land of Khasra No. 225 from "gochar" (pasture land) land, to residential land. Consequently, vide order dated 29.5.2002, the District Collector converted the land from agricultural purpose to residential purposes. According to the said order, the land was to be allotted to "the needy persons including people who are poor and people who belong to SC/ST communities." It was clearly stated that those persons who are poor or people who belongs to SC/ST communities, they shall be given a preferential treatment. In pursuance of the order dated 29.5.2002, the Block Development Officer sent a letter to the Sarpanch directing him to allot part of Khasra No. 225 to the petitioner. It is the case of the petitioner that despite the conversion of the land by the Collector, in spite the clear-cut direction issued by the Block Development Officer for allotting the land to the petitioner., the Sarpanch is sitting tightly over the entire issue and has not allotted the land to him. Therefore, the petitioner again approached the Director, Soldier Welfare Board. The Director, Soldier Welfare Board, vide letter dated 8.8.2002, requested the Sarpanch to allot the land in Khasra No. 225 to the petitioner. However, even this letter fell on deaf ears. On 9.12.2002, the petitioner submitted a representation to the District Collector. Since no action was being taken by the District Collector, the petitioner was constrained to file a representation before the District Collector on 6.1.2003. Notwithstanding the pleas of the petitioner, notwithstanding the earlier directions issued by the Block Development Officer, vide resolution dated 28.1.2003, the Gram Panchayat has decided to allot land to the poor while keeping in mind the earlier resolution dated 5.6.2001 in favour