The requirement of consultation with the Gram Panchayat under Rule 7(1) of the Rajasthan Tenancy (Government) Rules, 1955, is directory and not mandatory.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 7847/2020

1.

Bheru Lal S/o Shri Jassa Ram Kharod, Aged About 60

Years, Resident Of Borda, Tehsil And District Bhilwara.

2.

Bheru Lal Gadri S/o Shri Daula Gadri, Aged About 35

Years, Resident Of Village Aatun Tehsil And District

Bhilwara.

3.

Onkar Gadri S/o Dhana Gadri, Aged About 60 Years,

Resident Of Aatun Tehsil And District Bhilwara.

4.

Khemaji S/o Ambaji, Aged About 57 Years, Resident Of

Borda, Tehsil And District Bhilwara.

5.

Mahendra Singh S/o Udai Singh Shekhawat, Aged About

26 Years, Resident Of Borda Tehsil And District Bhilwara.

----Petitioners

Versus

1.

The State Of Rajasthan, Through Secretary, Department

Of Rural Development And Panchayati Raj, Government

Of Rajasthan, Secretariat, Jaipur.

2.

Principal Secretary, Department Of Revenue (Gr.3),

Rajasthan, Jaipur.

3.

The District Collector, Bhilwara.

4.

Tehsildar (Revenue), Bhilwara.

5.

Uit, Bhilwara Through Its Secretary.

6.

Gram Panchayat Aatun, Through Secretary, Panchayat

Samiti Suwana, Tehsil And District Bhilwara.

----Respondents

For Petitioner(s)

:

Mr. R.S. Choudhary

For Respondent(s)

:

Mr. Sandeep Shah, Senior Advocate

and AAG, assisted by Mr. Abhimanyu

Singh

Mr. Sunil Beniwal, AAG

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/01/2023

(2 of 7)

[CW-7847/2020]

This writ petition under Article 226 of the Constitution

of India has been filed in the nature of Public Interest Litigation

seeking to assail the order dated 18.10.2019 (Annex.4), whereby

478 bighas of land categorized as Charagah (Pasture) in the

villages Pur, Borda and Aatun were set apart for expansion of

Aabadi area of UIT, Bhilwara and simultaneously, equal chunk of

land was set apart in the villages Pur and Sakariya Kheda to

compensate the reduction in the Charagah land. Challenge is also

laid to the orders dated 09.12.2019 (Annex.8), whereby the State

Government has granted approval to the said proposal and the

order dated 20.12.2019 (Annex.9) passed by the District Collector,

Bhilwara, whereby the chunk of land has been entered into the

name of UIT, Bhilwara in the Revenue record.

Learned counsel Mr. R.S. Choudhary, representing the

petitioners, vehemently and fervently contended that it was

mandatory to take consent of the Gram Panchayat under Rule 7 of

the Rajasthan Tenancy (Government) Rules, 1955 (for short, 'the

Rules of 1955') before setting apart the pasture land for the

expansion of Aabadi land of the UIT, Bhilwara. However, the

impugned proposal dated 18.10.2019 was issued without seeking

consent of the Gram Panchayat.

It was further submitted that initially the UIT, Bhilwara

issued a public notice dated 11.10.2019 inviting objections from

all concerned persons regarding conversion of the land in question

and the villagers of Gram Panchayat Aatun submitted their

objections, but without considering the same, the conversion

order has been passed. He further submitted that as much as 132

bighas of compensatory land has been allotted in the Village

(3 of 7)

[CW-7847/2020]

Sankariya Kheda, which is at a distance of 30 km. from the Village

Aatun and thus, entire process is grossly illegal and arbitrary.

He placed reliance on a Division Bench judgment of this

court in the case of Jetha Ram & Ors. Vs. State of Rajasthan

& Ors. [D.B. Civil Writ Petition (PIL) No.8816/2011 decided

on 16.05.2012] and urged that pasture land cannot be divested

for any other purpose and the classification thereof can only be

changed by the competent authority strictly in accordance with

the relevant statues and before doing so, the impact assessment

has to be made because the livelihood of the villagers is

dependent on animal husbandry and reduction of pasture land

area would have serious adverse impact on the natural grazing

resources of the villages.