STATE OF RAJASTHAN Vs. GOPAL MENARIYA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 16/11/2018 passed by learned Single Judge in SBCWP No.16879/2017, whereby, the writ petition filed by respondent has been allowed and the impugned order / communication (Annex.19 with the writ petition) dtd. 6/12/2017 issued by the Deputy Conservator of Forest, Udaipur, has been quashed and set aside and he has been directed to forthwith and not later then within period of two months issue the NOC for setting up petrol pump on the land in question in terms of letter of intent.

(2.) The writ petition was filed by the respondent - petitioner with the averments that he had purchased the land ad-measuring 0.4875 hectare from one Shanti Lal in revenue village Kaya Patwar Circle Kaya, Tehsil Girwa, Udaipur, vide registered sale deed dtd. 4/8/2018. It was claimed that originally the Arazi number of the land was 3103 and its total area was 12.3400 hectares, after settlement the new Arazi Number of the land was 6466, land admeasuring 1.9500 hectare was regularized in name of one Dhanraj out of the 12.3400 hectares of land of Arazi No.3103.

(3.) It was indicated that the said parcel of land was entered as Arazi No.6466/1. The land thereafter changed hands and ultimately a part of the said land ad-measuring 0.4875 hectares out of Khasra No.6466/1 was transferred to petitioner by one Shanti Lal vide sale deed dtd. 4/8/2014. It was inter alia claimed that the said land ad-measuring 9 Bigha in Arazi No.3103 was regularized by the Additional Tehsildar Girwa vide Missal No.4967/1969 in the year 1969, however, on account of mistake of the Revenue Department despite regularization in favour of Dhanraj, in the revenue record the land was included in the land belonging to the Forest Department. Mr. Dhanraj filed a suit before the Additional District Collector, Udaipur, under Ss. 88, 188 63(4) of the Rajasthan Tenancy Act, 1955 ('the Act of 1955'), seeking declaration regarding the ownership and possession of the land and permanent injunction.