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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

D.B. Civil Special Appeal (W) No.424/2012

Kishna Ram & Ors. Vs. State of Rajasthan & Ors.

DATE OF ORDER :: 09-07-2012

HON'BLE THE CHIEF JUSTICE ARUN MISHRA

HON'BLE MS. JUSTICE NIRMALJIT KAUR

Mr.Mahaveer Bishnoi, for the appellants.

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The appellants have questioned the order passed by the State

Government on 20.3.2012 (Annex.8 to the writ application) setting apart

0.04 bigha of pasture land in exercise of powers under Rajasthan Land

Revenue (Allotment of unoccupied Govt. Agricultural Land for

construction of School, Colleges, Dispensaries, Dharamshalas & Other

Building of Public Utility) Rules, 1963. The land has been set apart for

the purpose of construction of building of Bharat Nirman Rajeev Gandhi

Seva (IT) Centre. The District Collector, Nagaur sent report for setting

apart the aforesaid portion of land comprised in survey no.170 recorded

as “Gair-mumkin Gochar” duly considering the decision of Apex Court in

Jagpal Singh & Ors. vs. State of Punjab & Ors. The State Government has

passed the impugned order alloting the piece of land for the aforesaid

purpose. The Single Bench has dismissed the writ application on the

ground that Gair-mumkin gochar land could not ordinarily be used for

any other purpose than pasture and the State Government has passed

the order in exercise of powers under the Rules of 1963. The State

Government after duly considering, has set apart a small piece of land

measuring 0.04 bighas for the purpose of construction of I.T. Centre in

Villege Kherat on certain terms and conditions. It is not the case of the

appellant that the State is not competent to set apart Gair-mumkin

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gochar land for allotment under the Rules of 1963.

After hearing learned counsel for the appellant, we find that no

ground is made out to interfere in the intra court appeal. It is not the

case of the appellant that the gochar land fall short of the requirement.

Apart from that, the Rules of 1963 clearly provide conversion of such

land for the purpose the allotment has been made.

We do not find any error in the order passed by the State

Government and the order passed by the Single Bench.

Consequently, the intra court appeal is hereby dismissed. Stay

application is also dismissed.

[NIRMALJIT KAUR ],J.

[ARUN MISHRA],CJ.

S.Phophaliya