LALU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the respondents may be restrained from removing from the land in question.

(2.) THE petitioner is a resident of Gram Mohanpura presently residing at Bagawas district Barmer. In village Bagawas infornt of Patwar House petitioner is having a small piece of land. In village Bagawas Khasra No. 749/1 measuring 25 bighas of the land was converted into a urban land for allotment to the Gram Panchayat Bagawas. The then Surpanch Shri Tej Karan on the application moved by the petitioner on 9.6.1991 allotted a piece of land 30 x 45 Ft. free of cost and same was given to the petitioner and the petitioner establish a floor (chakki). Thereafter in the meeting of the Gram Panchyat on 10.6.1991 this resolution was affirmed and the petitioner was allotted this piece of land in a regular manner on 10.6.1991. The petitioner constructed a small room with the stone slabs and iron sheets and he also started the floor mill (chakki). Some resident of this village like Champalal S/o Shri Kishanlal were not favourably inclined towards the petitioner, therefore, they filed a complaint against the petitioner before the respondent No. 3 and the respondent No. 3 orally directed to remove this construction. The petitioner was served with the notice that he should remove his possession within 15 days otherwise same shall be removed by the Panchayat. The petitioner filed a reply that the land in question has been lawfully allotted to him by the then Surpanch after completing necessary formalities but without any result. It is alleged that on 10.6.1991 the SDO came on the inspection and all the villagers protested to him. The respondent No. 3 i.e. the Administrator, Gram Panchayat, Bagawas reported the matter to the SDO that the plot in question has been lawfully allotted to the petitioner. A copy has been placed on record as Anx. 6. Still the non -petitioner No. 2 ignoring the report of the non -petitioner No. 3 directed that a notice may be issued to the petitioner for removing of his tress -pass over the land. This notice dated 13.3.1993 has been placed on record. It is further alleged that the Vikas Adhikari, Panchayat Samiti on 4.4.1993 has directed the Administrator, Gram Panchayat, Bagawas that the petitioner has unlawfully tress -passed over the land and this trespass should be immediately removed with the help of police. A copy of the report has been placed on record. Aggrieved against this order the petitioner has filed the present writ petition.

(3.) LEARNED Counsel for the petitioner has submitted that the order Anx. 9 is totally without jurisdiction as the Vikas Adhikari in the present situation has no power whatsoever to direct the removal of the petitioner's possession specially when the Administrator has reported the matter to the Vikas Adhikari that the land in question was duly allotted by following the necessary procedure laid down in the Rajasthan Panchayat Act read with the rules. But notwithstanding that the Vikas Adhikari has directed the Administrator, Gram Panchayat, Bagawas to remove, the possession of the petitioner on the land in question. In this connection learned Counsel has invited my attention to the Section 73(3)(c)(ii) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the 'Act of 1953) that the Administrator has been appointed by the Government in this Panchayat and all the powers of the Panchayats vest in this administrator. It is submitted that he alone in competent to initiate the action against the petitioner and the Vikas Adhikari has no jurisdiction whatsoever to direct the Administrator. Moreso it is submitted that the Administrator has informed the Vikas Adhikari for allotment of land in question to the petitioner in accordance with the resolution of the Gram Panchyat, therefore, It is submitted that the Vikas Adhikari cannot direct the Administrator to remove the possession of the petitioner from the land in question.