Friday, May 11, 2018
GYAN PRAKASH KATARIYA & OTHERS V. STATE OF RAJASTHAN & OTHERS
Rajasthan High Court
CW Case No. 2911 of 2015 (23 Oct, 2017)
Hon'ble Mr. Justice Dinesh Chandra Somani order 23/10/2017
(1) Heard learned Counsel for the parties.
(2) Filed in public interest, petitioners desire land comprised in Khasra Nos.1415, 1417, 1420, 1435, 1436/3444, 1437/3445, 1444, 1453, 1458, 1887, 1918, 1919 to 1927 and (2 of 3) [CW-2911/2015] 2151, 2154, 2160, 2169, 2182, 2183, 2185, 2186, 2200, 2207, 2210, 2210/3354, 2211 and 2219 in village Hatupura, Tehsil Dudu District Jaipur to be removed from encroachment. From the pleadings it appears that as per the revenue record the land is Charagaha and is to be used for cattle grazing.
(3) The persons likely to be affected by any directions issued by this Court have filed an application which is lying on number in this Court and is in file. As per the application more than 2500 people are residing on the land in respect whereof relief is claimed in the writ petition.
(4) The applicants belong to Scheduled Castes, Scheduled Tribes and are Other Backward Classes. Alongwith the application they have placed on record photographs of the site as also copies of pattas issued to some of the applicants. The pattas are annexed as Annexure-5. The same show that small parts of the land have been allotted to the applicants comprised in the Khasra numbers in respect whereof relief is prayed in the writ petition. The allotment is for the purpose of residence. Annexed as Annexure-6 to the application are photographs showing that a Government Senior Secondary School, a dispensary and Aanganbadi Centre have also been allowed to run from the land in question.
The applicants also rely upon an office order dated 25.04.2011 issued pursuant to directions issued by the Supreme Court in Civil Appeal No.1132/2011 concerning change of land use from common grazing land to a residential purpose.
(5) Needless to state that with the increase of population in this country, land is required for habitation and in rural areas the (3 of 3) [CW-2911/2015] only land available would be common village land wherein abadi sides can be earmarked.
(6) We are of the opinion that the issue raised in the writ petition involves questions of fact to be determined in the context of pattas issued to various persons on part of the land in respect whereof relief is prayed for. The only way forward is to direct the Collector in whose jurisdiction the village falls to hold a proper enquiry and ascertain the persons to whom pattas have been issued. If the pattas have been validly issued, and as per the policy land use has been changed, that would be the end of the matter as regards the holder of the patta who would not be evicted. In the said proceedings persons identified to whom pattas have not been issued and are trespassers, would be proceeded against in accordance with law.
(7) So declaring and requiring the Collector to complete the exercise within six months from today we terminate the proceedings in the writ petition.
(8) The writ petition is disposed of.
(9) All pending applications are disposed of as infructuous.
(DINESH CHANDRA SOMANI),J. (PRADEEP NANDRAJOG),C.J.
Source : https://www.casemine.com/judgement/in/59f48395ce686e7375823a3a