MANISH PUROHIT Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HAVING heard the learned Counsel for the Petitioner and having perused the material placed on record, this Court is not persuaded to entertain this writ petition.

(2.) THE Petitioner, said to be holding the office of Up -Sarpanch of Gram Panchayat Jhadol, District Udaipur has filed this writ petition essentially stating the grievance against setting apart and allotment of 1 hectare land for the purpose of establishment of an Industrial Training Institute ('ITI') out of the land of Khasra No. 1176 of village Jhadol that was entered as Charagah. It is sought to be contended that the Gram Panchayat has taken specific resolutions against such allotment pointing out that the land in question is used for public functions and fair. The learned Counsel for the Petitioner has strenuously contended that village common land cannot be allowed to be used for other purpose like the present one i.e., establishment of an ITI; and has referred to the decision of the Hon'ble Supreme Court in the case of Jagpal Singh and Ors. v. State of Punjab and Ors., AIR 2011 SCW 990.

(3.) THE reference to the decision of the Hon'ble Supreme Court in Jagpal Singh's case (supra) does not appear apposite because in the said case, the Hon'ble Supreme Court has been pleased to consider the matters relating to encroachment and construction on the common land by illegal occupants. The present one is not a case of any illegal occupant entering into the land in question as the same has specifically been allotted under the order passed by the Collector in accordance with Rules of 1963.