MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioners herein have approached this Court claiming the following relief:

(2.) The petitioners claim to be successors of one Shri Bhuramal Baid who, allegedly acquired a chunk of land admeasuring 200 bighas in the Village Moja Reni, District Churu in the later part of the eighteenth century. The patta of the disputed land was allegedly issued in favour of Shri Bhuramal Baid in Samvat 1936 (approximately year 1879). The petitioners further claim that with efflux of time and after more than hundred years of death of Shri Bhuramal Baid, the petitioners herein and the performa respondents No.5 to 8 are the only remaining legal heirs of Shri Bhuramal and stake claim in his properties through inheritance. It is further asserted by the petitioners that with passage of time and after formation of the Rajasthan State, Moja Reni came to be named as Tara Nagar City and the land in question came within its Municipal limits. The petitioners claim to have settled out of the State of Rajasthan mainly in the States of Telangana and West Bengal for the purpose of earning livelihood. It is asserted that owing to the lack of physical control of the descendants of Shri Bhuramal Baid, part of the land mentioned above, came to be declared as Kabristan and Shamshan. Part of the land was allotted by the District Collector, Churu as a playground to be used by the Government Sanskrit Primary School, Tara Nagar. The petitioners, and the peforma respondents, looking to the welfare of the state and public at large, did not agitate against such action. It is further claimed that taking advantage petitioners' benevolence, the respondent No.4 Municipal Board, Tara Nagar, fraudulently and illegally took possession of the entire remaining land inherited by petitioners for the purpose of developing an Exservicemen Colony. The petitioners further claim that when they agitated against this attempt of the respondents Municipal Body in usurping their land by approaching the concerned authorities, they were assured that they would be allotted an alternative piece of land in lieu thereof. Upon this, and being satisfied by their assurance of the competent authorities, the petitioners acquiesced to the land being taken over for public purposes. However, despite a period of nearly 15 years having passed from the assurance was given by the authorities to allocate alternate land and compensate the petitioners, no steps have been taken in this regard till date. The petitioners claim to have approached the authorities for seeking appropriate action against the unlawful and forceful acquisition of their land. But till date, no action has been taken on the petitioners' pleas upon which, the instant writ petition has been filed.

(3.) Shri Chaitanya Gahlot, learned counsel for the petitioner vehemently contended that patta of the land was duly issued in favour of the petitioners' ancestor Bhuramal Baid after he purchased the same for valid consideration. The petitioners being the successors of Shri Bhuramal Baid, having inherited the land are entitled to seek protection of their rights on their lawfully owned land. However, the respondent authorities are acting in an absolutely high-handed fashion and, valuable land inherited by the petitioners is being usurped part by part without compensating them and without following the due process of law. He thus urges that the writ petition should be allowed in the terms prayed for.