HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 6195/2020

1.

Narendra Singh Bhati S/o Shri Lakh Singh Bhati, Aged

About 42 Years, B/c Bhati, R/o Village Kan Singh Ki Sid,

Tehsil Bap, District Jodhpur (Raj.).

2.

Shrawan Kumar S/o Shri Bhopal Ram, Aged About 30

Years, B/c Darji, R/o Village Kan Singh Ki Sid, Tehsil Bap,

District Jodhpur (Raj.).

3.

Pratap Singh S/o Shri Devi Singh, Aged About 36 Years,

B/c Rajput, R/o Village Kan Singh Ki Sid, Tehsil Bap,

District Jodhpur (Raj.).

4.

Mohan Singh S/o Shri Gulab Singh, Aged About 25 Years,

B/c Rajput, R/o Village Kan Singh Ki Sid, Tehsil Bap,

District Jodhpur (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Revenue, Secretariat, Jaipur (Raj.).

2.

District Collector, Jodhpur (Raj.).

3.

Sub Division Officer, Bap Tehsil, District Jodhpur (Raj.).

4.

Tehsildar Bap, District Jodhpur (Raj.).

5.

Gram Panchayat, Village Kan Singh Ki Sid, Tehsil Bap,

District Jodhpur (Raj.) Through Sarpanch, Gram

Panchayat Bhawan, Village Kan Singh Sid, Tehsil Bap,

District Jodhpur (Raj.).

6.

Power Grid Corporation Of India Limited (Government Of

India Enterprise), Through Manager, Office At Jodhpur

(Raj.).

7.

Jodhpur Vidhyut Vitran Nigam Limited, Through

Chairman, Head Office Jd.v.v.n.l Jodhpur (Raj.).

----Respondents

For Petitioner(s)

:

Mr. Narpat Singh Charan.

Mr. Om Singh Chauhan.

For Respondent(s)

:

Mr. Sunil Beniwal, Aag.

Mr. Prahlad Singh.

Mr. Pramod Kumar Panwar on behalf of

Mr. Muktesh Maheshwari.

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[CW-6195/2020]

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

O R D E R

11/01/2023

Reportable

(BY THE COURT:)

1.

The instant writ petition in the nature of Public Interest

Litigation has been preferred by the petitioners herein being

residents of the Gram Panchayat Kan Singh Ki Sid, Tehsil Bap,

District Jodhpur for assailing the action of the respondents in

dereserving and declassifying land admeasuring 451 Bighas from

the Gochar land of Kan Singh Ki Sid and allotting it to the Power

Grid Corporation Of India Limited (hereinafter referred to as ‘the

PGCIL’) for installation of 765/400/220 K.V. Grid Sub Station.

2.

We have considered the submissions advanced at bar and

have gone through the pleadings of the parties and the other

material placed on record.

3.

The petitioners seek to question validity of the action of the

respondents in declassifying 451 Bighas of Gochar land from

Khasra No.240, Village Kan Singh Ki Sid. In this regard, challenge

has primarily been laid to the order (Annexure-4) dated

28.08.2019 issued by the District Collector, Jodhpur whereby,

acting upon the letter dated 06.05.2019 issued by the Sub

Divisional Officer, Bap, the District Collector accepted the

recommendation and directed declassification of the above chunk

of Gochar (Pasture) land and recommended the allotment thereof

to the PGCIL on payment to the tune of Rs.5,19,51,324/-. At the

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[CW-6195/2020]

same time, 451 Bighas of land from Khasra No.491, Village Kan

Singh Ki Sid (classified as ‘Gair Mumkin Magra’) was allotted by

way of compensating the reduction in Gochar land on account of

above allotment. The foundation of the petitioners’ challenge to

the impugned order is two fold:

(i) that the consent of the Gram Panchayat for making the

allotment is mandatory as per Rule 7 of the Rajasthan Tenancy

(Government) Rules, 1955 (hereinafter referred to as ‘the Rules of

1955’) and that the Gram Panchayat never gave any such consent

for the allotment in question, and

(ii) that the land of Khasra No.491 set apart by way of

compensation for the Gochar land, is categorised as ‘Gair Mumkin

Magri’ and thus, the same would not serve the purpose of grazing

area for the village cattle.

4.

Reply to the writ petition has been filed by the State

authorities