- (1.) This writ petition has been preferred by the petitioner seeking directions to the respondents to remove encroachments made over the land comprising Khasra Nos.33 ad-measuring 354 acres and Khasra No.35 ad-measuring 348.18 acres recorded as Gochar/pasture land in the revenue record of village Mayakoriya, Tehsil- Phalodi, District Jodhpur.
(2.) In Gulab Kothari v. State of Rajasthan and Ors.(D.B.C.Writ Petition No.1554/04), this Court vide order dated 12.1.2017 issued directions to the State Authorities to remove all the encroachments over the pasture land in the following terms: - '197. We are of the considered opinion that keeping in view the mandate of the provisions of the Act of 1955 and the Rules made thereunder, the preservation and development of the pasture land by the State Authorities is the rule and diversion of user thereof is an exception and therefore, the power conferred upon the Collector under Rule 7 of the Rules of 1955, to change the classification of the pasture land should be exercised sparingly only in the larger public interest and not so as to subserve the interest of any individual. 198. At this stage, it is to be noticed that in the Writ Petition No.5907/08, the petitioner has given the details of some of the orders passed by the JDA converting the land set apart as pasture land in the rural areas of Jaipur Region but there is no details available in respect of the rural areas falling within the Jodhpur Region, Ajmer Region and various districts of the State and therefore, before further dilation of the issue, it would be appropriate that the directions are issued to the State to furnish the complete details regarding the availability of the pasture land in various districts of the State of Rajasthan as on the date of commencement of the Act of 1955, the diversion of the user of the pasture land permitted after the commencement of the Act of 1955, and the land set apart as pasture land after the commencement of the Act of 1955. The State should also furnish the district-wise details of unauthorised occupation over the pasture land. 199. But in any case, pending consideration of the issue, as mandated by the Hon'ble Supreme Court in Jagpal Singh's case (supra), the indiscriminate diversion of the pasture land for other purposes needs to be checked and any unauthorised occupation over the pasture land by unscrupulous persons needs to be dealt with strictly.' (emphasis added)
(3.) That apart, pending consideration of the said matter, the directions have been issued to the State Authorities in the following terms: '(xxviii) The State is directed to furnish complete details regarding availability of the pasture land in various districts of the State of Rajasthan as on the date of commencement of the Act of 1955; the diversion of the user of the pasture land permitted after commencement of the Act of 1955 and the land set apart as pasture land after commencement of the Act of 1955. The State shall also furnish the district wise details of unauthorised occupation over the pasture land. (xxix) Pending consideration of the issue with regard to the diversion of the pasture land for other uses by this court, the State Government is directed to take appropriate steps to check and remove unauthorised occupation over the pasture land by unscrupulous persons in various villages of the State forthwith.' (emphasis added). ;