HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B.Civil Writ Petition No. 3333 / 2013
Raghunandan Soni S/o Shri Durga Lal Ji Soni, aged about 51 years, Chairman, Municipal Council, Shahpura, District Bhilwara, resident of Raj Jewelers, Sadar Bazar, near Purana Talkies, Shahpura, Bhilwara
----Petitioner
Versus
- State of Rajasthan through the Principal Secretary, Local Self Department, Government of Rajasthan, Jaipur.
- The District Collector, Bhilwara.
- The Tehsildar, Shahpura, District Bhilwara
----Respondents
HON'BLE MR. JUSTICE SANGEET LODHA
Order 21/02/2017
1. This petition is directed against notice dated 4.3.13 issued by the Tehsildar, Shahpura, whereby the petitioner, the Chairman of Municipal Board, Shahpura is directed to show cause as to why the penalty may not be imposed for encroaching upon and constructing gravel road on 0.57 hectrare agriculture land comprising khasra no.5745, 5760, 5875, 5879 and 6000, situated at village Shahpura, District Bhilwara.
2. On 4.4.13, this court while issuing notices to the respondent passed an interim order in favour of the petitioner in the following terms:
(2 of 3) [CW-3333/2013] "In the meanwhile and until further orders, no further proceedings be initiated against the petitioner in pursuant to the notice issued by the Tehsildar, Shahpura in the Case No.2/2013 (State Vs. The Chairman, Municipal Board, Shahpura)."
3. Learned counsel appearing for the petitioner contended that the gravel road in question was constructed for providing an approach road during the festival season, which in the first instance was constructed under the order passed by the District Collector and the same is being maintained not by the Municipal Board as well alone but also by Public Works Department, Government of Rajasthan and therefore, the notice issued to the petitioner in his individual capacity is absolutely uncalled for and without jurisdiction. Learned counsel submitted that the petitioner is no more Chairman of the Municipal Board, Shahpura and therefore, even if the alleged encroachment still subsists, no proceedings against him in his individual capacity can be continued.
4. On the other hand, the State has taken the stand that Shahpura By-pass road in the length of 185 kms. from Shivpura- Jaipur-Kankroli road was constructed in the year 1994 under the sanction issued by the District Collector, Bhilwara. It is categorically submitted that allegation levelled against the petitioner vide notice dated 14.3.13 regarding construction of gravel road over 0.57 hectares land comprising khasra no. 5745, 5760, 5875, 5879 and 6000 of village Shahpura appears to be (3 of 3) [CW-3333/2013] wholly incorrect.
5. It is pertinent to note that the notice issued prima facie does not relates to the aforesaid by-pass road rather, it relates to construction of gravel road on the land forming part of pasture land. Strangely enough, in a separate reply filed, the respondents no.2 & 3 have defended the proceedings initiated relying upon the decision of the Hon'ble Supreme Court dated 28.1.08 in SLP No.3109/2011 - Jagpal Singh & Ors. vs. State of Punjab & Ors.
6. Obviously, the act of the Municipal Board in encroaching upon the pasture land if any, has to be dealt with in accordance with law but in any case, the petitioner was holding the post of Chairperson of the Municipal Board at the relevant time, cannot be held personally liable for the institutional decision implemented allegedly on the basis of the sanction issued by the District Collector, Bhilwara.
7. In this view of the matter, the writ petition is disposed of with the directions to the respondents to deal with the encroachment, if any, on the pasture land, in accordance with law keeping in view the directions issued by the Hon'ble Supreme Court in the matter of Jagpal Singh's case (supra) and an order dated 12.1.17 passed by a Division Bench of this court in the matter of Gulab Kothari vs. State & Ors. [D.B.Civil Writ Petition (PIL) No.1554/04 and other connected matters]. No order as to costs.
(SANGEET LODHA)J.
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