- (1.) HEARD Mr.Vishnu Sharma, learned counsel for the petitioners and Mr.R.P.Singh, learned Senior Counsel and Additional Advocate General for the respondents. The petitioners, who have introduced themselves to be the residents of Village Pahadi, Tehsil Todabheem, District Karauli, being aggrieved by the action of the State -respondents in declaring Dhani Tumapura as a new Revenue Village, seeks judicial intervention in the present proceedings attired as a public interest litigation, for redress.
(2.) BY notification dated 8.9.2009 issued under Section 16 of the Rajasthan Land Revenue Act, 1956 (for short, hereafter referred to as 'the Act'), Dhani Tumapura was declared to be a new Revenue Village and the concerned authorities were thereby required to take necessary follow up steps. According to the petitioners, Village Pahadi consists of 10/12 dhanis, including Dhani Tumapura and the constituents thereof i.e.Mundan Ki dhani, Shopal Ki Dhani and Kalwa Ki Dhani which are situated at a distance of half a kilometre from each other. The petitioners have stated that in each dhani of Tumapura, 15 -16 families are residing. They have stated further that dhanis of Tumapura have no sivaychak land available for the purpose of future development, and on the contrary, in Village Pahadi, there is 40 bighas of land of Mandir Mafi, in addition to various sivaychak land of other dhanis, which are located within its territorial limits. The petitioners have alleged that one Prahlad Meena of Tumapura who was, at the relevant time, the Block Elementary Officer, Panchayat Samiti, Todabheem by misusing his office, and in collusion with others, resorted to forgery of the signature of the then Sarpanch of Gram Panchayat, Pahadi and got prepared a resolution No.13 dated 11.12.2004, and on the basis thereof, made an application to the District Collector, Karauli for declaring Tumapura as Revenue Village. While pleading that having come to learn of this misdeed, the Gram Panchayat, Pahadi, vide its resolution dated 24.2.2005, cancelled the earlier resolution dated 11.12.2004, the petitioners have also referred to an affidavit of the Sarpanch alleging that her signature was forged in the earlier resolution. The petitioners have stated that the above application however, was sent by the Collector, Karauli to Tehsildar (Land Revenue), Todabheem, and the latter forwarded it to the Patwari, Patwar Halka Pahadi for drawing up a resolution for declaring Tumapura as a Revenue Village, if Dhanis of Tumapura complied with the requirements of the relevant rules and regulations as well as the notification dated 4.10.1996 of the Revenue Department of the State on the issue. The petitioners have insisted that though the dhanis of Tumapura did not satisfy the norms prescribed, the concerned State functionaries were found pursuing the process for declaring Tumapura as a new Revenue Village, resulting in resentment amongst the residents of Village Pahadi, who submitted representation before the District Collector, Karauli. This was on 8.6.2005. The District Collector (Land Record), Karauli however, sent a letter dated 14.6.2005 to the Deputy Secretary, Revenue (Group -1) Department, Government of Rajasthan pointing out that the proposal for declaring Dhani Tumapura as a new Revenue Village was not legally sustainable as there is dispute relating thereto, and further, there was no sivaychak land for the purpose of future development works in the new proposed Revenue Village. According to the petitioners, the Board of Revenue, Ajmer also wrote a letter to the Deputy Secretary, Revenue (Group -1) Department, Government of Rajasthan indicating that Dhani Tumapura did not fulfil the norms for being declared as a new Revenue Village. Inspite of the above background, by the impugned notification dated 8.9.2009, as aforementioned, Dhani Tumapura was declared as a new Revenue Village. Being aggrieved, the petitioners instituted D.B.Civil Writ Petition (Public Interest Litigation) No.1695/2010, which eventually, was dismissed on 15.2.2010 as withdrawn acting on the prayer made to that effect by the petitioners therein seeking liberty to make a representation to the State Government. The petitioners have stated that thereafter, detailed representations were submitted to the State Government on 14.2.2011 and 31.5.2011, and though queries were made thereupon, no effective decision was eventually taken. The petitioners have also appended to the petition a copy of the FIR dated 7.3.2005 relating to Mandir Mafi land claimed to have been given to Dhani Tumapura by declaring it a Revenue Village. A letter addressed by the residents of Village Pahadi to the Deputy Secretary, Revenue Department, Government of Rajasthan alleging involvement of some government officials in forgery for declaring Dhani Tumapura as a Revenue Village, has also been referred to. That there is a possibility of serious confrontation amongst the villagers on the issue, has also been highlighted. That as a consequence of the establishment of the new Revenue Village, Village Pahadi would be, in future, deprived of the benefits under the relevant public schemes, thus affecting them as well as their cattle, has been stated.
(3.) THE respondents No.1 to 5, in their reply, while questioning the bona fide of the proceedings initiated by the petitioners contending that the same has its roots in factional vendetta, have emphatically endorsed the impugned action referring, in particular, to Section 16 of the Act and the competence of the government to act thereunder. They have stated that necessary guidelines issued by the State Government from time to time laying down the procedure for declaring a Revenue Village, and particularly those, as contained in the circular dated 20.8.2009, had been scrupulously followed in declaring Dhani Tumapura to be a Revenue Village. They have referred to a representation made by the residents of Dhani Tumara to the Chief Minister of the State to declare their area to be a new Revenue Village. A request, in the same lines by the Pradhan of the Panchayat Samiti, Todabheem, has also been adverted to. The respondents have referred as well to the letter dated 5.9.2007 of the Collector, Karauli to the Tehsildar, Todabheem to submit the agreements and affidavits of the villagers regarding the land, as required, to examine the proposal for establishing a new Revenue Village. That the Tehsildar, Todabheem accordingly, submitted a report to the Collector, Karauli alongwith the documents sought for, evidencing the willingness of the concerned villagers to surrender their land, has been stated. Subsequent thereto, the Tehsildar, Todabheem, by his letter dated 28.1.2009, conveyed to the Collector, Karauli the demand of the people of Dhani Tumapura to declare their area to be a new Revenue Village. While pleading that the cancellation of the resolution No.13 dated 11.12.2004 of Gram Panchayat, Pahadi had been actuated by political considerations and/or initiatives, the answering respondents have stated that as promised, the residents of Dhani Tumapura did surrender their land. That the representations submitted by the residents of Village Pahadi had been duly considered, and that, thereafter by order dated 26.5.2011, follow up steps in terms of the notification dated 8.9.2009, have been directed to be taken.;