RAMESHWAR SINGH GEHLOT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2012-7-88
HIGH COURT OF RAJASTHAN
Decided on July 12,2012

RAMESHWAR SINGH GEHLOT Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) THIS is a letter petition on which public interest litigation has been registered. The grievance projected in the letter petition is that the land grabbers in connivance with the officials were allotting the land out of khasra nos.785 and 786. The allotment was being made treating the land to be a part of khasra nos.789 to 801 whereas the land is of river, nala, catchment area though in layout plan prepared by the J.D.A., khasra nos.785 and 786 have not been mentioned but on the spot, plots are being given out of khasra nos.785 and 786. The layout plan of Sidhi Vinayak Vihar has been illegally prepared and in collusion, the plots are being in fact given out of survey no.785 and 786 whereas no part of the land of aforesaid survey numbers can be allotted.
(2.) IN the reply filed by the J.D.A., it is not disputed that no part of survey no.785 and 786 can be allotted. It has been mentioned in the reply that no part of survey no.785 and 786 has been allotted. The land which is being allotted is not part of catchment area, nala or river. It has also been mentioned in the reply that on investigation, it has been found that out of survey nos.785 and 786, no patta has been issued on the land where river and nala are existing. Therefore, the ground raised by the petitioner in this regard is untenable. It appears that there is some dispute regarding boundaries. The petitioner claims that the land has been allotted out of survey no.785 and 786 which form part of river, nala and catchment. In the circumstances, we direct the Collector to get the land demarcated of survey nos.785 and 786. Let measurement be done by an appropriate revenue officer within a period of one month from today and appropriate order be passed by the Collector within a period of six weeks thereafter and in case, it is found that any pattas out of the survey nos.785 and 786 have been issued, they be cancelled and no construction activity be permitted on any part of the survey nos.785 and 786 as admittedly that area is of river, nala and catchment. Ordered accordingly. The writ application is accordingly disposed of with the aforesaid directions. Typed copy of the order be furnished to the Additional Advocate General appearing for State and the counsel for J.D.A. by the registry of this Court within a period of seven days from today.;


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