PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved of the allotment of 6 hectares of charagah (pasture) land for institutional purpose vide impugned order dated 12th June, 2007; the petitioners - Villagers of Village Trilokpura, Tehsil Dataramgarh, District Sikar, have instituted the present writ application in the welfare of their village.

(2.) Briefly, the essential skeletal materials facts necessary for adjudication of the controversy raised are: that by the impugned order made by the Collector, Sikar, 6 hectares land has been allotted to respondent number 5 - Annapurna Medical Training Institution (College of Nursing), Jaipur Road, District Sikar. It is pleaded case of the petitioners that the subject land allotted is a part of Khasra Number 231 measuring 16.29 hectares, which was charagah land. For there is a shortage of pasture land in the area with reference to the cattle land ratio. For there is no land available even the proposal sent to the State Government to declare the land measuring 2.18 hectares adjacent to the land in question as pasture land, in lieu of the impugned allotment made; could not materialize. The allotment vide impugned order dated 12th June, 2007, has been assailed being contrary to the provisions of the Rajasthan Panchayati Raj Act, 1994 (for short, "the Act of 1994") and the Rajasthan Panchayati Raj Rules, 1996 (for short, "the Rules of 1996").

(3.) Mr. N.K. Maloo, learned Senior Advocate, contended that Section 8-A and 8-E of the Act of 1994, contemplates constitution of 'Gram Sabha' for each panchayat circle and the 'Gram Sabha' is obliged to hold at least two meetings every year. No such procedure has been adopted in the instant case at hand. It is further urged that Rule 7 of the Rules of 1996, contemplates agenda for 'Gram Sabha' meetings for the items detailed out therein, which includes under Clause-X - Development of abadi and pasture land. Referring to Rule 93 of the Rajasthan Land Revenue Act, 1956 (for short, "the Act of 1956"), it is contended that right of grazing on pasturage land shall extend only to the cattle of the village or villages for which such land has been set apart and shall be regulated by rules made by the State Government. Referring to the Rajasthan Tenancy (Government) Rules, 1955, framed in exercise of the power conferred by Section 257 of the Rajasthan Tenancy Act, 1955 (for short, Rules of 1955"), it is emphasized that such land is required to be kept for exclusive use for grazing of village cattle free of charge. Further, in case of dearth of common grazing area, 'Maqbooza Birs' can also be turned into 'Charagah'. According to Rule 6 of the Rules of 1955, the rough scale adopted for Charagah land is one half bigha per head of cattle. It is also pointed out that the allotment of set apart of pasture land has to be done in consultation with the Panchayat. In the event of classification of any pasture land under sub-rule (1) of Rule 7 of the Rules of 1955, the Collector is required to set apart an equal area of unoccupied culturable government land (Sawai Chak), if available, as pasture land, in the same village. Thus, according to the learned Senior Counsel, the allotment of the land involved herein has been made in utter disregard to the Rules of 1955.