SHAMBHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition (PIL) is filed by the petitioner seeking directions to the respondents to remove the encroachment and restore the status of gair mumkin agore land comprising khasra no.431 measuring 19.18 bighas and khasra no.433 measuring 19.02 bighas of Village Sanvreej, Tehsil Phalodi, District Jodhpur.

(2.) Precisely, the case set out by the petitioner is that the lands ad measuring 24 bighas and 18 biswas comprising khasra no.431 and 24 bighas and 2 biswas comprising khasra no.433 were recorded in the revenue record as gair mumkin agore. Out of the said land, 5 bighas land in each khasra was divested by the State Government vide order dated 28.6.94 for expansion of abadi. After diversion of the land for abadi purposes as aforesaid, the Sarpanch, Gram Panchayat issued pattas to many persons including his relatives. The legality of the pattas issued was questioned before the revisional authority by one Shri Chunni Lal. The revision petition was allowed by the Additional District Collector (II), Jodhpur vide order dated 31.3.08, however, the persons who were allotted the land continued in possession. Later, Gram Panchayat, Sanvreej adopted a resolution for diversion of 10 bighas land each out of the land comprising khasra no.431 and 433. The District Collector, Jodhpur vide order dated 9.8.02 allotted 20 bighas land, 10 bighas each out of land comprising khasra no.431 and 433 to the Sarpanch, Gram Panchat, Sanvreej for the purpose of expansion of abadi. The petitioner served the respondents with the notice for demand of justice for restoration of gair mumkin agore land, but to no avail. Hence, this petition.

(3.) It is contended on behalf of the petitioner that the land forming part of gair mumkin agore i.e. catchment area of nadi or talab, cannot be divested for any other use and thus, the respondents are under an obligation to restore the land of catchment area and all encroachments made on the land forming part of the catchment area of nadi, deserve to be removed.