[2023:RJ-JD:30239]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13148/2023

Kishan Singh S/o Mangal Singh, Aged About 65 Years, Village

Talka, Tehsil Marwar Junction, District Pali, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Department Of Revenue Govt Of Rajasthan, Jaipur.

2.

The District Collector, Pali.

3.

The Sub Divisional Officer, Marwar Junction, Pali.

4.

The Tehsildar, Marwar Junction, Pali.

----Respondents

For Petitioner(s)

:

Mr. Mahaveer Singh with

Mr. Ajit Singh

For Respondent(s)

:

Mr. R.D. Bhadu, Dy.G.C.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

18/09/2023

1.

Learned counsel for the petitioner has shown the order

passed by a coordinate Bench of this Court in the case of

Bhawraram Vs. State of Rajasthan & Ors. (S.B. Civil Writ

Petition No.8932/2020), decided on 10.09.2020 and prays for

the similar order / directions for the petitioner also. The order

dated 10.09.2020 reads as under :-

"This writ petition has been filed by the petitioner being aggrieved

with the general notices dated 13.08.2020 and 02.09.2020 issued

by the respondent No.3 - Tesildar Shergarh, District Jodhpur,

whereby it has directed that all the encroachments over the

pasture land be removed immediately.

From bare perusal of the impugned notices, it is clear that

the said notices were issued pursuant to the order dated

30.05.2019 passed by the Division Bench of this Court in Pep

Singh Vs. State of Rajasthan (DBCWP No.6954/2019), whereby

the Division Bench of this Court observed that in view of the

[2023:RJ-JD:30239]

(2 of 2)

[CW-13148/2023]

decision dated 12.01.2017 rendered by Division Bench of this

Court in Gulab Kothari Vs. State of Rajasthan & Ors. [DBCW(PIL)

No.1554/2004], directions have already been issued to the State

Authorities to remove unauthorised occupation over the pasture

land by unscruplulous persons in various villages of the State of

Rajasthan.

Learned counsel for the petitioner has submitted that

though the petitioner is in possession of the pasture land but he

has moved a representation before the concerned revenue

authorities of this effect that he is ready to provide alternate land

in lieu of the land, which is in his possession, and that offered land

can be converted into pasture land, but the respondent authorities

are not considering his representation.

Having heard learned counsel for the petitioner and after

perusing the material available on record, this Court is of the

opinion that the action of the respondent No.3 - Tesildar Shergarh,

District Jodhpur of issuing general notices with a direction to

remove encroachments on the pasture land is not liable to be

interfered with as the same are issued pursuant to the direction

given by the Division Bench of this Court in the case of Gulab

Kothari (supra).

Hence, no case for interference in this writ petition is made

out, however, if the petitioner has filed representation before the

concerned authorities to provide alternate land, which can be

reserved for pasture land, the authorities shall consider the same

expeditiously strictly in accordance with law.

With these observations, this writ petition is disposed of.

Stay petition also stands disposed of. "

2.

In light of the aforequoted order, the present writ petition is

disposed of in the same terms. However, if the petitioner shall file

a representation before the concerned authorities to provide

alternate land, which can be reserved for pasture land, the

authorities shall consider the same expeditiously, strictly in

accordance with law.

3.

All pending applications also stand disposed of.

(DR. PUSHPENDRA SINGH BHATI), J.

80-Zeeshan