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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
AVNEESH JHINGAN
Rewadiya, S/o Shri Gyarsa – Appellant
Versus
State of Rajasthan, Through Its Tehsildar (Land), Sikrai, District Dausa (Rajasthan) – Respondent
Order :
AVNEESH JHINGAN, J.
1. This petition is filed seeking setting aside of order dated 04.05.2018 passed by the Board of Revenue (for short ‘the Board’).
2. The brief facts are that the Tehsildar made a reference on 06.01.2010 in the office of Additional District Collector. It was stated that the land measuring 2 Bigha 15 Biswa situated in Khasra No.15 of Village Gangadwari Tehsil Sikrai was allotted by the Sub-Divisional Officer to the petitioner vide order dated 28.09.1978 inspite of land being a ‘Gair Mumkin Nala’. The land could not have been allotted to the petitioner for cultivation purposes. The reliance was placed upon decision of the Rajasthan High Court, Principal Bench at Jodhpur dated 02.08.2004 in D.B.Civil Writ Petition (PIL) No.1536/2003 (Abdul Rehman Vs. The State of Rajasthan & Ors.) reported in 2004 SCC OnLine Raj. 676 . The reference made to the Board was accepted vide order dated 04.05.2018. It was ordered that allotment of the Gair Mumkin Nala land measuring 2 Bigha 15 Biswa in Khasra No.15 is set aside and the entries in the revenue records be changed accordingly.
3. Learned counsel for the petitioner submits that for last many years there is no water flowing
Land classified as 'Gair Mumkin Nala' cannot be allotted for agricultural purposes under Section 16 of the Rajasthan Tenancy Act, 1955.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
The allotment of land to the respondent companies was illegal and violative of the provisions of the Rajasthan Tenancy Act, 1955, and the Rules made thereunder.
The central legal point established in the judgment is the protection of land forming part of johar paitan from being divested for any other use, as specified under Section 16 of the Act of 1955, and....
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