Govind Mathur, J. - (1.) THE petitioner, a Society registered under the Societies Registration Act, submitted an application seeking allotment of land in Khasara No. 643, Village Kulmipura, Distt. Pratapgarh for construction of old age home. The land sought to be allotted is a part of gair mumkin pond and as such, that could have not been allotted to any person without getting nature of the land changed. As per the petitioner, the Sub -Divisional Officer, Dhariyawad, Pratapgarh and Collector, Chittorgarh recommended the State Government to change the nature of the land concerned.
(2.) THE Deputy Secretary to the Government of Rajasthan, Department of Revenue (Group -III) by letter dated 9.12.2009 conveyed the Collector, Chittorgarh that the land desired for allotment by the petitioner cannot be allotted being a part of gair mumkin pond. The Deputy Secretary also referred directions of Rajasthan High Court given in the case of Abdul Rehman for not making allotment of such land to anybody. The Government of Rajasthan under its circular dated 23.7.2010 (Annex. -14) also instructed all the Chief Executive Officers of various Zila Parishads in the State that no part of land of any pond or its catchment area be allotted to any one and if any one had encroached therein, the same be removed at earliest. The direction aforesaid was given looking to the severe scarcity of drinking water. In view of the letter dated 9.12.2009, the Collector, Chittorgarh under letter dated 9.1.2010 informed the Sub Divisional Officer, Pratapgarh about cancellation of proposal for allotment of land to the petitioner.
(3.) AFTER creation of District Pratapgarh, the Collector, Pratapgarh vide communication dated 21.7.2010 instructed the Tehsildar, Pratapgargh to take proper action against the petitioner as per provisions of Section 91 of the Rajasthan Land Revenue Act for getting the encroachment on the land concerned removed. By an another communication dated 30.8.2010 the Collector sought necessary information from the Sub -Divisional Officer, Pratapgarh relating to the steps taken for removal of encroachment made by the petitioner. By this petition for writ, the petitioner is challenging the communications dated 30.8.2010, 21.7.2010 and 9.12.2009 referred above.;