- (1.) This writ petition is directed against notification dated 27.7.12 issued by the Department of Revenue, Government of Rajasthan, whereby while partially superceding the notification dated 15.4.08, creating a new revenue village-Jairoop Nagar, the limits and boundaries thereof stands altered. The petitioners have also questioned the order dated 13.9.12 issued by the Additional Collector, Jodhpur and order dated 14.9.12 issued by the Tehsildar, Bilara, implementing the amended notification issued as aforesaid.
(2.) The relevant facts are that in exercise of the power conferred under Section 16 of Rajasthan Land Revenue Act, 1956 ( for short "the Act"), the State Government created a new revenue village-Jairoop Nagar in Tehsil-Bilara, District-Jodhpur, vide notification dated 15.4.08. In the notification issued, the population of the village was shown to be 330 persons and the area of the village was specified as 348.2 hectares. The legality and propriety of the proposal of the State Government for creation of the new revenue village-Jairoop Nagar, was questioned by some of the villagers by way of a writ petition No.7217/07 before this court, which stood dismissed as withdrawn with liberty to the petitioners therein to make representation before the Deputy Secretary, Department of Revenue, Government of Rajasthan. After creation of village, vide notification dated 15.4.08, a fresh writ petition was preferred by some of the villagers, which was also dismissed by a coordinate Bench of this court vide order dated 12.5.08. Aggrieved thereby, the writ petitioners therein, preferred a special appeal before the Division Bench of this court, which was also dismissed vide order dated 25.11.08 with the observations in the following terms: "It has come on record that the population of newly created village Jairoop Nagar is more than 330 persons, therefore, it cannot be said that the guidelines laid down by the State Government with regard to minimum population stands violated. That apart, simply because, the village has been named as Jairoop Nagar, it cannot be presumed that it has been named in the name of a particular person. Moreover, all these questions regarding the creation of the revenue village and its name cannot be gone into by this Court. If the writ petition has any grievance with regard to creation of the village or if the same has been created in defiance of the guidelines issued by the State Government then, he is at liberty to make an appropriate representation before the appropriate authority."
(3.) Thereafter, on a representation being made by some of the villagers, the matter was inquired into by a team headed by Tehsildar-I, Bilara and on the basis of the report submitted, the Sub Divisional Officer (SDO), Pipar City, explained the factual position to the District Collector, Jodhpur, vide communication dated 30.6.11 and opined that the amendment of the boundaries and limits of the newly created village is not viable and warranted. According to the petitioners, ignoring the report submitted by the competent authority, the State Government issued the impugned notification dated 27.7.12, altering the limits and boundaries of the newly created revenue village- Jairoop Nagar. In compliance of the notification issued as aforesaid, vide order dated 13.9.12, the Additional District Collector, Jodhpur directed the Tehsildar (Land Record), Bilara to carry out the necessary alteration in respect of the boundaries and population of the revenue village-Jairoop Nagar. Accordingly, Tehsildar (Land Record), Bilara has issued order dated 14.9.12, altering the geographical limits and figure of population of village-Jairoop Nagar and inclusion thereof in the village-Benan, out of which the new revenue village was created. Hence, this petition.;