VILLAGERS OF VILLAGE BUDHADEET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present public interest litigation, petitioners on behalf of villagers of Village Budhadeet, Gram Panchayat, Sultanpur, District kota have prayed to direct respondents to remove encroachments/illegal possession from land of Tejaji Mela bearing Khasra Nos.95, 96 and 97 (new Khasra Nos.44, 146 and 147) of village Budhadeet, Kota.

(2.) The petitioners have come up with a case that land in question is reserved for village Mela of Tejaji and for various public uses of Ramlila, circus weekly haat, exhibitions etc. for the villagers. However, in the year 1988, the then Sarpanch of village Budhadeet allotted land in question to his near and dears and issued pattas for shops. It has been averred that Panchayat Samiti challenged such allotments made on the land of common use for villagers and these allotments were cancelled by the District Collector, Kota vide order dtd. 21/1/1991 and directions were issued to dispossess such allottees, declaring them as trespassers over the land of mela ground. It has further been averred that allottees approached to the High Court by way of filing separate writ petitions, which are dismissed by common order dtd. 30/9/1996. It has been averred that these trespassers are still having their illegal possession over mela ground and have not been dispossessed by the respondents, despite giving several representations by the villagers, hence this petition. The counsel for petitioners has placed reliance upon the judgment of Hon'ble Supreme Court in the case of Jagpal Singh v. State of Punjab and Ors. Reported in [2011 (11) SCC 396].

(3.) The notices were issued to respondents and during the course of hearing of the present petition, this Court passed orders dtd. 18/10/2016 and then 7/11/2016 asking the respondent State Authorities to remove the encroachment and implement to the previous order of High Court dtd. 30/9/1996, affirming the orders of District Collector, Kota for cancellation of pattas, issued by the Sarpanch over the land left for common use of mela ground.