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2024 Supreme(Online)(RAJ) 32466
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR D.B. Civil Writ Petition No. 17939/2021 Rajaram ----Petitioner Versus State Of Rajasthan & Ors.
----Respondents For Petitioner(s) : Mr. Abhishek Akhawat for Mr. Vipul Singhvi For Respondent(s) : Mr. Mahaveer Bishnoi, AAG with Mr. Harshvardhan Singh Mr. Ravindra Jala & Mr. Deepak Suthar for Mr. S.S. Ladrecha, AAG Mr. Kuldeep Solanki & Mr. Pawan Bharti for Mr. I.R. Choudhary, AAG Mr. Radhe Shyam Mankad Ms. Mehali Mehta Mr. Pravin Choudhary for Mr. S.S.
Rathore, AAG HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
18/12/2024
1. During the course of hearing, the main issue which arises for consideration is whether the disputed land is part of the forest land or revenue land/abadi land under the jurisdiction of the revenue authorities.
2. Learned counsel appearing for the Revenue Department, referring to averments made in paragraph No.3 of his reply, would submit that Khasra No.30 consisting of total 1454 Bighas and 7 Biswa of land; Khasra No.30/1 consisting of 205.8240 hectares of land is recorded in the name of Forest Department and the same has been mutated in the revenue records as Oran Rifay Aam Bhumi under the Entry No.2 vide order No.142 dated 28.03.1980 passed by Sub-Divisional Officer, South Municipal, Bikaner; Khasra No.30/2 consisting of total 7.550 hectares and Khasra No.30/3 consisting of 1.0419 hectares are being registered as Gair Mumkin Abadi land in the revenue records which was also registered on 28.03.1980 under an order passed by Sub-Divisional Officer, South Municipal, Bikaner. That land was earlier recorded as part of Oran Refay Aam Bhumi which was earlier registered as Oran Bhumi in Khasra No.30(old).
3. Learned counsel for the Forest Department, on the other hand, referring to paragraph No.4.7 of his own reply, would submit that a request was made by Sub-Divisional Officer, Bikaner for transferring Khasra No.30 Rakba 1454 Bighas to the Forest Department and in pursuance of which Khasra No.30 admeasuring 1454 Bigha 7 Biswa land was transferred to the Forest Department vide letter dated 19.01.1973 by the then District Collector, Bikaner. Out of the aforesaid total land of Khasra No.30, an area admeasuring 1362 Bigha 9 Biswa was declared as Protected Forest Land under Section 29(2) of the Rajasthan Forest Act, 1953 and the same was published by way of Gazette notification on 17.07.1990. Besides from the Jamabandi of Vikram Samwat 2056-2059, mutation No.8, it is reflected that Khasra No.30 Rakba
1356 Bigha 9 Biswa land was Gair Mumkin.
4. From the respective arguments which has been made by the learned counsel for the Forest Department and Revenue Department, it is apparent that there is a dispute with regard to the legal status of the land. It appears that the land was continued to be recorded as revenue land but later on, on a requisition made by the Forest Department, a part of the land of Khasra No.30(old) was transferred to the Forest Department and the same was declared as Protected Forest Land by issuance of a notification. Therefore, in order to decide the legal issue as to whether the land should be treated as forest land or revenue land, the Gazette notification dated 17.07.1990 is required to be perused.
5. Learned counsel for the Forest Department is directed to produce the Gazette notification dated 17.07.1990 so that the issue raised in this petition could be decided one way or the other.
6. List the matter after four weeks.
(MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ
214-Ramesh/PoonamS/-
