Advocates:
['MOTI SINGH', '', 'SUKHA DEV', 'JOGENDAR SINGH']

[CW-1027/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 1027/2022

Kalu Ram Meghwal S/o Fusaram Meghwal, Aged About 36 Years,

Resident Of 18, Meghwalo Ka Vas, Badi Sid, Tehsil Bap, District

Jodhpur (Raj.) (Aadhar No. 3635-2292-9781).

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Government Of Rajasthan, Jaipur.

2.

District Collector, Jodhpur.

3.

Sub Division Officer, Bap, District Jodhpur.

4.

Rajasthan Renewable Energy Corporation Limited,

Thorough Its Executive Director, E-167, Yudhistir Marg, C-

Scheme, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Moti Singh Rajpurohit through VC

For Respondent(s)

:

--

--

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

20/01/2022

The petitioner herein has preferred the instant writ petition

in the nature of Public Interest Litigation (PIL) praying for the

following reliefs:-

“It is therefore, humbly prayed on behalf of

petitioner that this writ petition for Public Interest

Litigation may kindly be allowed and by an appropriate,

writ, order or directions may kindly be issued against

the respondents in following manners.

a)

That by an appropriate writ direction or order may

kindly be issued and the respondents may kindly be

[CW-1027/2022]

directed that there is no necessity for change the land

use under the provision of Rules of 2007, if the

Khatedar Tenant may use or sub let his Khatedari land

for set up the Solar Farm/Solar Plant/Solar Power Plant

according to the Rules of 2007; and

b)

That by an appropriate writ direction or order the

respondents may kindly be directed that for registration

of the lease of Sub letting the Khatedari land for

purpose to set up the Solar Farm/Solar Plant/Solar

Power Plant, there is no necessity of the conversion of

land into non agricultural purpose under Rules of 2007;

and

c)

Bu an appropriate writ order or direction, the

respondent Registration Authority may kindly be

directed that they not discriminate to the persons on

the basis of Caste/category when any kind of the land

is subletting for purpose to establish a Solar

Farm/Solar Plant/Solar Power Plant, and not forced to

the Schedule Caste category Khatedar for the

conversion of the land into non agricultural purpose

under the Rule 2007 before registration of lease of sub-

let the land;

d)

By an appropriate writ order or direction, may

kindly be issued and the respondents may kindly be

directed to accept the lease of subletting the Khatedari

land of Schedule Caste/Scheduled Tribe category for

purpose to set up Solar Farm/Solar Plant/Solar Power

Plant, without any conversion of the Khatedari right

into non agricultural purpose;”

Learned counsel Shri Moti Singh representing the petitioner

vehemently and fervently contended that in the garb of setting up

of the solar power plants on Khatedari lands of villages in Tehsil

Bap, poor and uneducated Scheduled Caste land holders are being

forced to convert their land. He urged that the land of scheduled

[CW-1027/2022]

caste person cannot be converted as the same is contrary to the

provisions of the Rajasthan Tenancy Act and so also Rajasthan

Land Revenue (Conversion of Agricultural Land for Non-

Agricultural Purposes in Rural Areas) Rules, 2007 (for short

hereinafter referred to as “the Rules of 2007”). He submitted that

there is no legal sanction behind conversion of such Khatedari

lands. He submits that the Khatedars who have voluntarily let out

their land for the purpose of setting up of the solar power plants,

are being forced to get their land converted by pressurizing them

that if the conversion is not done, the lease deeds would not be

executed. On these grounds, learned counsel Shri Moti Singh

urged that the registration authority be restrained from converting

the Khatedari lands of Scheduled Ca