M/S AMBUJA CEMENTS LIMITED, HAVING ITS REGISTERED OFFICE AT : P.O. AMBUJA NAGAR, TALUKA KODINAR, DISTRICT JUNAGARH, GUJARAT Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF RAJASTHAN, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The prayer in the present petition is to quash the orders dated 04.10.2013 (Annx.33) and 17.10.2013 (Annx.34) passed by the respondents No. 1, 2 and 4 respectively whereby the allotment of 132 bigha of land situated in Khasra No. 486 in Mauja Khen, District Nagaur, Rajasthan in favour of the petitioner/its predecessor vide order dated 06.01.1986 was cancelled.

(2.) While praying for setting aside the impugned orders, learned counsel for the petitioner inter alia contended that a PIL petition was filed by the villagers of Khen claiming 132 bigha of land out of alleged 1001 bighas comprised in Khasra No. 486 to be catchment area of the pond but the same was dismissed vide order and judgment dated 06.04.2009 and the respondents No. 1 to 3 in their reply to the PIL petition had categorically denied the use of said 132 bigha of land as pond or catchment area by the villagers. It is further contended that even, as on date, the respondents are not sure that the same is a catchment area as no report is available to verify the fact. The respondents have passed the impugned orders without obtaining the report in spite of the directions issued by the coordinate Bench of this Court at Jaipur Bench vide order dated 29.05.2012 in S.B.Civil Writ Petition No. 11153/2011 (Suo Motu Vs. State of Rajasthan).

(3.) However, Mr. Pushpendra Singh Bhati, learned Additional Advocate General while disputing the same submitted that the order and judgment dated 06.4.2009 passed in the PIL will not come in the way of the respondent-State in passing the order of cancellation as there was no such finding recorded nor such plea was taken by the State that the same was not a catchment area. Further, the order of cancellation is passed on the technical report submitted by the State Officer, which is placed on record as Annexure-R5/1.