CHANDRA SINGH SHEKHAWAT (RETD) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having been allotted a land, having invested lacs of rupees in developing the said land, having been granted the status of a "Khatedar", and having been suddenly deprived of the said status, the petitioner has challenged the order dated 25.10.2005 before this Court.

(2.) The petitioner, an ex-soldier, had fought both in the 1962 Indo-China war, and in the 1965 Indo-Pak war. In order to resettle him, in November 1987, the Government had allotted, 9 Bigha, 5 Biswa of land, in khasra No. 22/541, in Village Niwaru, Tehsil Jaipur to him. The said land was alloted on lease for a period of ten years for the purpose of establishing dairy/poultry farm and piggery farms under the Rajasthan Land Revenue (Allotment of Land to Dairy, Poultry and Piggery Farms) Rules, 1958 ('the Rules of 1958', for short). In order to develop his dairy, the petitioner invested lacs of rupees: in getting the land leveled, in getting a well dug up, in getting the electricity connection, in putting pipelines, in construction of sheds for fifteen cows. However, within a period of three to four years, half of the cows died. Therefore, the petitioner submitted a report to the Collector, Jaipur pointing out the fact that his cattles were dying one after the other.

(3.) The Collector directed the Tehsildar to inquire into the working of the farm. The Collector also directed the District Chief Medical and Health Officer ('the CMHO' for short) to inquire into the quality of water which was available in the well. Eventually, the CMHO discovered that the water available in the well was not drinkable; it was the cause of death of the animals. Since the petitioner could not run a dairy farm due to the bad quality of the water, he requested the State Government to convert the land for agricultural purpose. The State Government wrote to the Jaipur Development Authority ("the JDA" for short) to issue a NOC for converting the land for agricultural purpose. Vide order dated 16.12.1995, the JDA issued the said NOC. After receiving the NOC from the JDA, the State Government allotted the land to the petitioner vide order dated 04.12.1999 under the Rajasthan Land Revenue (Allotment of Land for Agriculture Purpose) Rules, 1970 ('the Rules of 1970', for short) read with Section 102 of the Land Revenue Act. The said order clearly stipulated that the land has been declared as "Sivai Chak" (Government land), and is being alloted to the petitioner for agricultural purpose. Vide order dated 24.05.2000, the Collector allotted the said land to the petitioner under the Rules of 1970. Consequently, the petitioner's name was entered as "Gair Khatedar", in mutation Nos. 457 & 458, in the "Jama Bandi" for the "Samvat Year" 2056 to 2059.