Wednesday, February 7, 2018

Rajasthan High Court: Badri Lal &otrs Vs State of Rajasthan & ors

Petitioner(s) : Sh. Harsh Sharma Adv. For Respondent(s) :
_____________________________________________________ (2 of 3) [SAW-1597/2017] HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 16/11/2017 Instant appeal is directed against order of the ld. Single Judge impugned dt.20-9-2017.
A joint petition came to be filed by 37 individuals with the grievance that certain recommendations have been made by the Gram Panchayat to convert the pasture land and a circular has also been issued by the State Government on 26-7-2017 and still the District Collector, Dausa has declined to pass the order on the resolution of Gram Panchayat.
So far conversion of pasture land is concerned the Apex Court has come very heavily upon the State Government in permitting conversion of pasture land as observed in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors., AIR 2011 SC 1123 and at least in the light of judgment of the Apex Court ordinarily pasture land cannot be converted even on permission being asked for at the same time if the State Government has granted permission in the given facts & circumstances to any individual for conversion of pasture land if it is not permissible under the relevant statute & brought to the notice of the Court further action can be taken as permissible under the law but discrimination should always be positive and there is no material on record which can strengthen submission of the appellant seeking conversion of pasture land to be acted upon by the District Collector as a matter of course or decision taken by the District Collector is in violation of relevant provisions of Rajasthan Land Revenue Act.
The Ld. Single Judge also considered the request and was (3 of 3) [SAW-1597/2017] not inclined to grant permission for conversion or set apart the pasture land as being prayed for the writ petitioners keeping in view judgment of the Apex Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors. and observed that if proposal of the Gram Panchayat has not been accepted by the District Collector there appears no illegality which may call for interference.
Counsel for appellant submits that notices have been issued to the individuals by Tehsildar, Lalsot, District Dausa treating them to be encroacher over the subject land in question which has been allotted to them by the competent authority after being displaced from the flood affected areas.
As regards the notices which have been served upon the individuals from the office of Tehsildar, Lalsot, District Dausa are concerned, they are certainly at liberty to submit their reply & justify their status over the subject land in question but as regards the prayer which has been made in the writ petition for conversion of the pasture land, as a matter of right cannot be accepted by this Court and after hearing counsel for the appellant we find no error being committed by the Ld. Single Judge in passing the order impugned which may call for interference.
Consequently, the appeal is without substance and accordingly dismissed.
(DEEPAK MAHESHWARI),J. (AJAY RASTOGI),J. VS Shekhawat, PS


https://indiankanoon.org/doc/104007096/

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