ABHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Admittedly, the case of the petitioner is that he was given land in question on rent on 01.08.1987, upon which, shop was constructed by him being tenant upon the 15' land and he is doing business upon the said land.

(2.) The case of the petitioner is that an application was filed by him for purchase of that land and the Gram Panchayat proceeded to make the sale in his favour of the said land in accordance with the Rules of 1996, but, vide Annex.-6, restriction was imposed by the State Government when approval was sought for finalisation of the sale of the land. According to Annex.-6 and Annex.-R/1, the Government gave clear direction that the Gram Panchayat cannot sell the land which is given on rent under Rule 156 for the area which is situated near Ramdeora temple which is important religious place of the State. The State Government has further imposed restriction not to sell any land without any plan by the Gram Panchayat.

(3.) Learned counsel for the petitioner submits that prior to restriction imposed by the Government, many persons who were admittedly tenants of the Gram Panchayat they were given land on rent, but, sale was executed in their favour, therefore, the respondents cannot discriminate the case of the petitioner and the petitioner is also entitled to get the land under the sale though he is tenant of the Gram Panchayat upon the said land which is situated nearby the area of Ramdeora Temple. The whole basis of the claim of the petitioner is that prior to restriction imposed by the Government, the sale was made by the Gram Panchayat in accordance with Rule 156 of the Rules of 1996 and sale was finalised with the approval of the State Government to other tenants, therefore, direction may be given to respondents while quashing Annex.-6 to confirm the sale made in favour of the petitioner by the Gram panchayat which has been approved in the cases of similarly situated persons vide Annex.-8 and Annex.-9.