BUDH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel appearing for the parties.

(2.) By D.B. Civil Writ Petition No.6468/2005, filed in public interest, the petitioner, resident of Kasba Pahadi, Teshsil Pahadi, District Bharatpur, an ex-Sarpanch, has prayed for a direction to restrain the State-respondents Nos.1 to 6 from allotment of Araji Khasra Nos.3/.80 hectare, 4/1.55 hectare, 5/4.46 hectare, 6/1/3.72 hectare, 7/1/5.15 hectare, total 5 Rakba, area 15 hectare, 68 aier of land in village Mandal Patwari, Area Dheemari, Tehsil Pahadi, District Bharatpur, to the respondent Nos.7 to 13, or any other person, who is not residing in the area, or any institution. He has also prayed for a direction to the State-respondents Nos.1 to 6, to immediately take possession of the Government land, and to make its allotment to the needy persons of village Dheemari, Tehsil Pahadi, District Bharatpur, under the provisions of Rule 4 of the Rajasthan Agriculture Land Utilization Rules, 1958. The petitioner has also prayed for a direction to quash the order dated 11.10.2000(Annexure-3), passed by the then Revenue Minister, Government of Rajasthan, in a revision under Section 83 of the Land Revenue Act, 1956 (for short, 'the Act of 1956') and the consequential order dated 04.03.2005, passed by the Deputy Secretary, Revenue(Group-3) Department, Government of Rajasthan, by which in compliance of the Government Order dated 08.11.2000 and the letter of the District Collector, Bharatpur, dated 15.02.2005, orders were passed for regularization of possession of Shri Omprakash, Shakuntala Devi, Devendra Singh, Bala Devi, Satish Kumar, Manjeet Singh and Rajendra Singh under Rule 12, 17, 20 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes,) Rules, 1970 (for short, 'the Rules of 1970').

(3.) By D.B. Civil Writ Petition No.13881/2008, Shri Devendra Singh S/o Shri Omprakash, has prayed for directions to set aside the order passed by the Nayab Tehsildar, Pahadi, District Bharatpur, dated 02.04.2008, by which he has directed Shri Devendra Singh, the petitioner, and Shri Satish Kumar, both sons of late Shri Omprakash, to be evicted under Section 91 of the Act of 1956, from Arazi Khasra Nos.3/0.80, 4/1.55, 5/1/1.65, 6/1/3.40 and 7/1/4.34, total five plots, with an area of 11.74 hectare, and imposed a penalty of fifty times of the land revenue of Rs.17/-, which has been calculated at Rs.41,350/-, and has been paid by Shri Devendra Singh, for unauthorized possession of the plots. He has prayed for the refund of Rs.41,350/- with interest. The reliefs have been sought on the ground that possession of Shri Omprakash and his family members was regularized by the then Revenue Minister by her order dated 11.10.2000.