Kishan Singh Gurjar v. State of Rajasthan [Order dated 24.08.2017]

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13910 / 2016

Kishan Singh Gurjar Son of Shri Laxmi Narayan, Aged About 64
Years, Village-dewara, Tehsil-baswa, District-dausa (raj.)
                                                                                                  ----Petitioner

                                 Versus

1. State of Rajasthan Through District Collector, District-dausa (raj.)

2. Sub Divisional Officer, Bandikui, District-dausa (raj.)
                                                                             ----Respondents
3. Tehsildar, Tehsil-baswa, District-dausa (raj.)



HON'BLE MR. JUSTICE M.N.BHANDARI Order 24/08/2017 

By this writ petition, a direction is sought to decide the application of the petitioner to set apart the pasture land for residential colony.

It is stated that a proposal to set apart the land was given but the Collector has not accepted it, rather, kept it pending thus a direction be given to the Collector to set apart the pasture land so that it is allotted for residential colony.

I have considered the submission made by learned counsel for petitioner and perused the record.

The land in dispute has been recorded as "pasture" thus does not belong to the petitioner. The prayer to set apart the land cannot be made as a matter of right, rather, it is now subject to circular issued by the Government in pursuance of the judgment of the Apex Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors., reported in AIR 2011 SC 1123 apart from judgments of this court in the case of Jetha Ram & Ors. Vs. State of Rajasthan & Ors., DB Civil Writ Petition (PIL) No.8816/2011, decided on 16th May, 2012 and in Gulab Kothari & Ors. Vs. State of Rajasthan & Ors., reported in 2017 (2) RLW 1178 (Raj.). The pasture lands cannot be set apart other than the purpose specified in the said circular pursuant to the direction of the Supreme Court. Initially a circular was issued by the Government when all the Chief Secretaries were directed to comply the directions of the Apex Court and the subsequent circular, referred to above, is again in consonance to it. The pasture land cannot be ordered to be set apart and it cannot otherwise be claimed as a matter of right. The issue aforesaid has been decided by the Division Bench recently in the case of Gulab Kothari (supra).

In view of the above, I do not find any merit in the writ petition. It is, accordingly, dismissed.

(MN BHANDARI) J.