RAGHUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. S.K. Verma, learned counsel for the petitioners. For the order proposed to be passed, it is not considered necessary to issue formal notice.

(2.) THE facts in brief necessary for the disposal of the instant petition are that according to the petitioners, who are residents of Village Bhikamkaur, Tehsil Osiyan, District Jodhpur, there is a plot of agricultural land measuring 43 bighas 17 bis was situated in khasra No. 2638 of the same Village. A pucca water tank measuring 5 bighas, out of the said agricultural land, exists and caters to the drinking purposes of the Villagers as well as of the inhabitants of nearby villages. The respondent No. 1 on 20.06.2006 allotted an area of 15 bighas therefrom, for the purpose of using the same as cremation ground for Jat, Meghwal and Bhil communities and required the respondent no. 2 to resume the same under the Rajasthan Land Revenue Act for the said purpose. Being aggrieved, the petitioners approached this Court vide D.B. (PIL) Writ Petition No. 226/2007 complaining that the setting up of the cremation ground in the vicinity of the tank would be detrimental to the health and hygiene of the villagers residing nearby, more particularly, the same would pollute the water of the tank being used for drinking purposes. This Court vide order dt. 19.11.2007 in the interim stayed the operation of the allotment proposed, leaving the private respondents therein to approach the Gram Panchayat for allotment of other appropriate land. It was thereafter that the Court having been apprised that in terms of a resolution taken by the concerned Gram Panchayat, alternative lands have been proposed to be allotted, the said proceeding was closed.