MOHAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioners are seeking directions to the respondent to remove the encroachments made on the land comprising khasra no.509 and 299 of Village- Dhandhaniya Bhayala, Tehsil-Balesar, District-Jodhpur recorded in the revenue record as 'pasture land' and 'gair mumkin nadi' respectively.

(2.) Precisely, the case set out by the petitioners is that the Gram Panchayat, Dhandhaniya Bhayala in its meeting held on 22.5.2017 resolved to remove the encroachments made on the pasture land comprising khasra no.509 and agore land of Gawai Nadi comprising khasra no.299. Pursuant thereto, while taking proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956'), the Tehsildar, Balesar passed the order for removal of the encroachments and recovery of the fine from the persons in unauthorised occupation. However, the order passed was not enforced and the encroachers have raised unauthorised constructions. It is submitted that the sanction was issued for development work of Gawai Nadi but the work sanctioned could not be executed on account of existing encroachments.

(3.) A reply to the writ petition has been filed on behalf of the State taking the stand that as per the report of Patwari Halka, there were 26 encroachments over the land comprising khasra no.509 and 2 encroachments on the land comprising khasra no.299 of Village-Dhandhaniya Bhayala. The Tehsildar, Balesar after taking proceedings under Section 91 of the Act of 1956, passed an order dated 6.9.2017, directing removal of the encroachments made as aforesaid. However, out of 28 encroachers, 4 persons namely, Hadman Ram s/o Shri Harcharan Ram, Kalu Ram s/o Shri Munna Ram, Nara Ram s/o Shri Chuna Ram and Munna Ram s/o Shri Bhiya Ram preferred appeal against the order passed by Tehsildar, Balesar, under Section 75 of the Act of 1956, which was partly allowed by the Additional Collector, Jodhpur vide order dated 21.12.2017, remanding the matter to Tehsildar, Balesar with the direction to give sufficient time to the respondents to file reply and then pass appropriate orders in accordance with law. After the remand, the matter is alleged to be pending before Tehsildar, Balesar. It is submitted that out of remaining 24 encroachments, 10 kachha constructions were removed by the encroachers themselves. It is submitted that 2 encroachments on khasra no.299 have been removed by the encroachers after mutual agreement. Thus, according to the respondents, besides the 4 encroachments in respect whereof, the proceedings are pending before the Tehsildar, Balesar, pursuant to the remand order passed by the Appellate Authority, 14 encroachments are still there. It is submitted on behalf of the State that Gram Panchayat, Dhandhaniya Bhayala had adopted a resolution for expansion of Abadi area in khasra no.509 and it was proposed to convert 3 bighas of pasture land comprising khasra no.509 into abadi land, which was forwarded to SDO, Balesar, who vide order dated 12.12.2019 remanded the matter back to the Gram Panchayat with the directions to submit a draft proposal in consonance with the circular of the State Government dated 7.9.2017. It is averred that the Gram Panchayat submitted the fresh proposal and proposed that in exchange of 3 bighas pasture land of khasra no.509, 3 bighas land comprising khasra no.633 of Village-Kanasar, Gram Panchayat, Nimbo, be reserved as pasture land. According to the respondents, the said proposal has been forwarded by the District Collector, Jodhpur to the State Government in exercise of the power conferred under Rule 7 of Rajasthan Tenancy (Government) Rules, 1955, which is pending consideration. It is pertinent to note that the land proposed to be reserved as pasture in lieu of proposed diversion of 3 bighas land comprising khasra no.509 is situated 20 kms. away from the Village-Dhandhaniya Bhayala.