SHIV SHANKAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By these writ petitions, a challenge is made to the order dated 4.05.2002 passed on a revision petition preferred by the State Government.

(2.) Learned counsel for petitioners submits that land was allotted to the petitioners by the Gram Panchayat out of Khasra No. 159 of Village-Mundia Ramsar, District Jaipur. Sale deeds were also executed thereupon. In view of the above, the land so allotted was not liable to be cancelled. It is wrongly taken to be out of pasture land whereas, Khasra No. 159 of Village-Mundia Ramsar, District Jaipur was never a pasture land. In view of above, impugned order passed on revision petitions may be set aside.

(3.) Learned counsel for respondents has opposed the petitions. It is submitted that Khasra No.159 was a pasture land thus was not liable for allotment by the Gram Panchayat. The order of allotment was thus void and otherwise the pasture land cannot be alloted even by the State Government unless it is set apart. In view of the above, cancellation of allotment of land was for a void transaction. The petitioners have taken plea that Khasra No. 159 was not pasture land but no document for it has been submitted. It is further submitted that before making allotment of the land, even the Rajasthan Panchayat (General) Rules, 1961 were not followed, hence, cancellation of land is rightly made and, now, the intervening period is of more than 14 years.