RAMCHARAN MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr.Vishnu Sharma, learned counsel for the petitioners and Mr.R.P.Singh, learned Senior Counsel and Additional Advocate General for the respondents. The petitioners, who have introduced themselves to be the residents of Village Pahadi, Tehsil Todabheem, District Karauli, being aggrieved by the action of the State -respondents in declaring Dhani Tumapura as a new Revenue Village, seeks judicial intervention in the present proceedings attired as a public interest litigation, for redress.

(2.) BY notification dated 8.9.2009 issued under Section 16 of the Rajasthan Land Revenue Act, 1956 (for short, hereafter referred to as 'the Act'), Dhani Tumapura was declared to be a new Revenue Village and the concerned authorities were thereby required to take necessary follow up steps. According to the petitioners, Village Pahadi consists of 10/12 dhanis, including Dhani Tumapura and the constituents thereof i.e.Mundan Ki dhani, Shopal Ki Dhani and Kalwa Ki Dhani which are situated at a distance of half a kilometre from each other. The petitioners have stated that in each dhani of Tumapura, 15 -16 families are residing. They have stated further that dhanis of Tumapura have no sivaychak land available for the purpose of future development, and on the contrary, in Village Pahadi, there is 40 bighas of land of Mandir Mafi, in addition to various sivaychak land of other dhanis, which are located within its territorial limits.

(3.) THE respondents No.1 to 5, in their reply, while questioning the bona fide of the proceedings initiated by the petitioners contending that the same has its roots in factional vendetta, have emphatically endorsed the impugned action referring, in particular, to Section 16 of the Act and the competence of the government to act thereunder. They have stated that necessary guidelines issued by the State Government from time to time laying down the procedure for declaring a Revenue Village, and particularly those, as contained in the circular dated 20.8.2009, had been scrupulously followed in declaring Dhani Tumapura to be a Revenue Village. They have referred to a representation made by the residents of Dhani Tumara to the Chief Minister of the State to declare their area to be a new Revenue Village. A request, in the same lines by the Pradhan of the Panchayat Samiti, Todabheem, has also been adverted to. The respondents have referred as well to the letter dated 5.9.2007 of the Collector, Karauli to the Tehsildar, Todabheem to submit the agreements and affidavits of the villagers regarding the land, as required, to examine the proposal for establishing a new Revenue Village. That the Tehsildar, Todabheem accordingly, submitted a report to the Collector, Karauli alongwith the documents sought for, evidencing the willingness of the concerned villagers to surrender their land, has been stated. Subsequent thereto, the Tehsildar, Todabheem, by his letter dated 28.1.2009, conveyed to the Collector, Karauli the demand of the people of Dhani Tumapura to declare their area to be a new Revenue Village. While pleading that the cancellation of the resolution No.13 dated 11.12.2004 of Gram Panchayat, Pahadi had been actuated by political considerations and/or initiatives, the answering respondents have stated that as promised, the residents of Dhani Tumapura did surrender their land. That the representations submitted by the residents of Village Pahadi had been duly considered, and that, thereafter by order dated 26.5.2011, follow up steps in terms of the notification dated 8.9.2009, have been directed to be taken.