LAWS(RAJ)-2012-7-128

SAMITI Vs. STATE OF RAJASTHAN

Decided On July 09, 2012
SAMITI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner has prayed in the writ application for quashment of the order dated 26.7.2008 passed by the District Collector, Bikaner and consequential order dated 20.8.2011 issued in favour of U.I.T., Bikaner for the purpose of establishing Stone Market and road. It is submitted by the petitioner that the said land is gochar land. Thus, without reserving alternative gochar land, the land could not have been ordered to be allotted for establishing stone market. Consequential prayer has been made not to convert the land usage to commercial usage in the name of U.I.T., Bikaner and the respondents may be directed to remove the encroachments which have been made over the gochar land.

(2.) AN order dated 16.7.2008 has been filed as Annexure-16 along with additional affidavit. Bare perusal of the order indicates that for the development of Bikaner, the area which was earlier used for stone market was given for railway washing line and in lieu thereof, in order to establish new stone market, out of 1389.57 hectares of total gochar area, small fraction of land measuring 12.50 hectares was ordered to be allotted to U.I.T., Bikaner.

(3.) WE do not find any ground to interfere in the writ application at this stage. Consequently, the writ application is dismissed. Stay petition is also dismissed.