- (1.) An important question is involved in this writ petition and it is as to whether the State Government has power to exclude some area or some khasra number from one village and include it in another village
(2.) First the facts. In Tehsil Chirawa, district Jhunjhunu there are two villages, namely Noonia Gothda and Ajit Pura. Both the said villages are under different Gram Panchayats; whereas village Noonia Gothda is under Gram Panchayat Noonia Gothda which besides the aforesaid village also comprises of four revenue villages, namely Ikhtawarpura, Kanvarpura, Vijaypura and Brijlalpura, the village Ajitpura was under the Gram Panchayat Lamba Gothda and besides the said village, Gram Panchayat Lamba Gothda also comprises of village, Lamba Gothda, Gothdi, and Ismainpura/ The dispute relates to old Khasra No. 8 (new khasra Nos. 10 to 13) measuring 199 bighas 19 biswas which was the 'charagah' of village Noonia Gothda under the said Gram Panchayat Noonia Gothda and the land was always recorded in the revenue village of Noonia Gothda. The State Government under its order (Annr. 14) dated August 31, 1991, made under Section 3(v) of the Rajasthan Land Revenue Act, 1956 (for short, the LR Act) ordered that the area of khasra No. 10 measuring O. 11 hectare and khasra No. 11 measuring 25.18 hectare (total 25.29 hectare) of village Noonia Gothda will be excluded from that village and will be included in village Ajitpura. The State Government further said that the areas of the two villages shall thereafter be as under : 1. Noonia Gothda 428.93 hectare 2. Ajitpura 391.08 hectare Before the aforesaid order the area of the above two villages was as under : 1. Noonia Gothda 454.22 hectare 2. Ajitpura 365.79 hectare A writ petition had also been filed in this court which was registered as S.B. Civil Writ Petition No. 4302/89 Gram Panchayat Noonia Gothda V. State and others, in which the order of the State Government was challenged, but a representation was also filed before the State Government and the State Government stayed its order and the writ petition was withdrawn on November 17, 1989 and it was dismissed as withdrawn by this court under its order dated November 17, 1989 (Annr. 18) at page 63 of the file. The State Government thereafter under its order dated January 23,1990 (Annr. 19) at page 64-A cancelled its stay order and further ordered that its earlier notification dated August 31, 1989 shall remain as it is. The petitioner has challenged the said order.
(3.) The challenge to the order/notification dated August 31, 1989 of the State Government under which area of 25.29 hectare of old khasra No. 8 (new khasra No. 10 to 13, and to be more precise khasra Nos. 10 and 11) has been taken out and exluded from village Noonia Gothda and included in the revenue village Ajitpura is on the ground that no power is. vested in the State Government to make the aforesaid order. It was contended by the learned counsel for the petitioner Gram Panchayat Noonia Gothda that both the revenue villages, Noonia Gothda and Ajitpura have been separate revenue villages since long and the inhabitants of village Ajitpura have no concern whatsoever in so far as old khasra No. 8 measuring 199 bighas 19 biswas which is charagah land is concerned. Village Ajitpura has separate charagah land comprising of various khasra numbers. According to the petitio r Gram Panchayat Noonia Gothda had never passed any resolution whatsoever that any portion much less half portion of khasra No. 8 be transferred to village Ajitpura and a fabricated and forged resolution was prepared by Shri Ved Pal Shastri, Sarpanch of Gram Panchayat Lamba Gothda in the name of Shri Nahar Singh former Sarpanch of Gram Panchayat Noonia Gothda resolving that half of the portion of khasra No. 8 be transferred to village Ajitpura and affidavit of Shri Nahar Singh has also been filed. It is also the case of t* e petitioner Pancyahat, the Tehsildar and other officers are in collusion and the respondent No. 4, Brijender Singh Ola who is son of Shri Sis Ram Ola, the then Minister in the Congress-I Government exerted influence over the Tehsildar and manipulated everything and the report of the Tehsildar was obtained on wrong facts. The population etc. does not justify the exclusion of any part from the area of village Noonia Gothda to village Ajitpura.;