HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 17139/2022

1.

Nawab Khan S/o Shri Halim Khan, Aged About 33 Years,

Resident Of Kunde Ki Dhani, Bandha, District Jaisalmer

(Raj.).

2.

Urase Khan S/o Shri Rahman Khan, Aged About 35 Years,

Resident Of Kunde Ki Dhani, Bandha, District Jaisalmer

(Raj.).

3.

Satar Khan S/o Shri Sahbeg Khan, Aged About 42 Years,

Resident Of Ballye Ki Dhani, Bandha, District Jaisalmer.

4.

Lale Khan S/o Shri Sale Khan, Aged About 42 Years,

Resident Of Kunde Ki Dhani, Bandha, District Jaisalmer

(Raj.).

5.

Goram Khan S/o Shri Kasam Kha, Aged About 40 Years,

Resident Of Bandha, Dist Jaisalmer.

----Petitioners

Versus

1.

State Of Rajasthan, Through The Colonization

Department, Govt. Of Rajasthan, Jaipur.

2.

The Commissioner, Colonization Department Govt. Of

Rajasthan, Bikaner.

3.

The Deputy Commissioner, Colonization Department,

Govt. Of Rajasthan, Jaisalmer.

4.

The District Collector, Jaisalmer.

5.

Nayara Energy Limited, 5Th Floor, Jet Airways Godrej Bkc,

Plot No. C-68, G Block, Bandra Kurla Complex, Bandra

(East), Mumbai.

6.

Hayat Khan S/o Shri Jamal Khan, Resident Of

Mangaliyawas, Tehsil And District Jaisalmer.

7.

Kurban Ali S/o Shri Mewe Khan, Resident Of Satarwali,

Kolutala, District Jaisalmer.

----Respondents

For Petitioner(s)

:

Mr. Mahesh Thanvi

For Respondent(s)

:

Mr. Pankaj Sharma, AAG assisted by

Mr. Rishi Soni

Mr. Manas Khatri

(2 of 3)

[CW-17139/2022]

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MS. JUSTICE REKHA BORANA

Order

24/11/2022

The petitioners have preferred this writ petition in public

interest seeking quashing of allotment of the land of khasra

No.509 in favour of respondent No.6 Hayat Khan.

The argument is that the Gram Panchayat, vide its resolution

dated 10.11.2021, has resolved to get the aforesaid land set apart

as a gochar land and a proposal in this regard has been sent to

the State Government. Therefore, after the said resolution been

taken by the Gram Panchayat on 10.11.2021, this land was not

liable to be alloted in favour of respondent No.6 vide order dated

27.12.2021.

There is no dispute to the fact that the allotment of the said

land in favour of respondent No.6 for the purpose of establishment

of a petrol pump has been passed by a Competent Authority. On

the date when the said order of allotment was passed, the land

had not been converted into gochar land in as much as there was

only a proposal to get it converted but no final order of the State

Government was in existence in that regard.

Learned counsel for the petitioner next argued

that respondent No.6 is not having any NOC from the Gram

Panchayat as required for the establishment of petrol pump. The

issue regarding NOC, if any, has to be dealt with by the Oil

company while granting license to respondent No.6 for

establishing and running a petrol pump and such is not a question

which has to be considered at this stage by this Court.

(3 of 3)

[CW-17139/2022]

In view of the aforesaid facts and circumstances, we find no

substance in the writ petition to exercise our extraordinary

jurisdiction. Hence, the writ petition is dismissed.

(REKHA BORANA),J

(PANKAJ MITHAL),CJ

57-T.Singh, Abhishek/-