S.B. Civil Writ Petition No. 9990/2012. Case: Pritam Kumar & Others Vs The Board of Revenue Ajmer & Others. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 9990/2012 |
| Counsel | For Appellant: Mr. Prahlad Sharma, Adv. |
| Judges | Mr. Alok Sharma, J. |
| Issue | Civil Procedure Code |
| Judgement Date | August 01, 2012 |
| Court | Rajasthan High Court |
Order:
Mr. Alok Sharma, J., (Jaipur Bench)
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This petition has been filed challenging the judgment dated 27-3-2012 passed by the Board of Revenue Ajmer (herein after 'the Board') dismissing the petitioners' appeal and upholding the order dated 14-3-2011 passed by the Revenue Appellate Authority Sawai Madhopur. The facts of the case are that the District Collector Karauli vide order dated 16-8-2010 allotted land measuring 3.50 hectare out of 14.11 hectare of khasra No. 1419 village Nangal Sherpur Tehsil Todabhim for construction of 132 KV GSS Nangal Sherpur. The said allotment of land was put to challenge by the petitioners on the basis of their alleged possession over the land in dispute claiming that they had acquired khatedari rights over the said land, even though they did not seek for a formal order from the government or a declaration by a competent court. It was stated that consequently the allotment of land 3.50 hectare out of 14.11 hectare of khasra No. 1419 village Nangal Sherpur Tehsil Todabhim for the construction of 132 KV GSS Nangal Sherpur to Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (herein after 'RRVPNL') was wholly illegal, void and therefore liable to be set aside. The challenge was negatived in appeal by the Revenue Appellate Authority vide order dated 14-3-2012 and by the Board under its impugned order dated 27-3-2012.
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Heard counsel and perused the petition and the impugned orders.
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The case of the petitioners has been considered by the courts below in the context of the facts obtaining in this case. Resorting to the State Government's Circular dated 13-10-2005 and changing the classification of the land in Khasra No. 1419 from pasture land to Siwai Chak to an extent of 3.50 hectare out of 14.11 hectare in khasra No. 1419 village Nangal Sherpur, the District Collector Karauli allotted the said land for the construction of 132 KV GSS Nangal Sherpur to RRVPNL. The case of the State Government in the challenge to the allotment before the Revenue Appellate Authority was that encroachment over land would not entail any right of consideration for allotment, more so when the trespass was over pasture land which could not be allotted for agricultural purposes at all. The submission was that encroachment over (pasture) land did not obstruct allotment of such land after its reclassification for public user. The Revenue Appellate Authority Sawai Madhpur and the Board on consideration of the matter dismissed the challenge...
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