KISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants have questioned the order passed by the State Government on 20.3.2012 (Annex.8 to the writ application) setting apart 0.04 bigha of pasture land in exercise of powers under Rajasthan Land Revenue (Allotment of unoccupied Govt. Agricultural Land for construction of School, Colleges, Dispensaries, Dharamshalas & Other Building of Public Utility) Rules, 1963. The land has been set apart for the purpose of construction of building of Bharat Nirman Rajeev Gandhi Seva (IT) Centre. The District Collector, Nagaur sent report for setting apart the aforesaid portion of land comprised in survey no.170 recorded as "Gair-mumkin Gochar" duly considering the decision of Apex Court in Jagpal Singh & Ors. vs. State of Punjab & Ors. The State Government has passed the impugned order alloting the piece of land for the aforesaid purpose. The Single Bench has dismissed the writ application on the ground that Gair-mumkin gochar land could not ordinarily be used for any other purpose than pasture and the State Government has passed the order in exercise of powers under the Rules of 1963. The State Government after duly considering, has set apart a small piece of land measuring 0.04 bighas for the purpose of construction of I.T. Centre in Villege Kherat on certain terms and conditions. It is not the case of the appellant that the State is not competent to set apart Gair-mumkin gochar land for allotment under the Rules of 1963.

(2.) AFTER hearing learned counsel for the appellant, we find that no ground is made out to interfere in the intra court appeal. It is not the case of the appellant that the gochar land fall short of the requirement. Apart from that, the Rules of 1963 clearly provide conversion of such land for the purpose the allotment has been made.