- (1.) This writ petition in public interest is preferred by 5 residents of Village Langera, Gram Panchayat Aanti, Tehsil and District Barmer to have a direction for the respondents to restore the position of land bearing Khasra No. 617/197 of Village Langera. It is also prayed that direction be given to the respondents to stop unauthorized mining operations in original Khasra No. 321 of Village Juni Aanti, District Barmer. According to the petitioners, the land bearing Khasra No. 321 of Village Juni Aanti, as per the Revenue records, is "Pahadi and Parwat reserved as pasture land", as such, the same is not open for mining operations. According to the petitioners, several mining leases have been granted by the Department of Mines for the pasture land aforesaid, which, as per the provisions of the Rajasthan Tenancy Act, is not permissible. It is further stated that the respondents have provided a way to the mine operators crossing through a pond situated in the land bearing Khasra No. 617/197 of Village Langera. Learned Additional Advocate General while meeting with the arguments advanced submits that as a matter of fact, the land bearing Khasra No. 321 is classified as "Gair Mumkin Pahad", but for the Revenue records pertaining to Samwat 2071 to 2074, an erroneous entry is made in column 4 with assertion that it is "Pahadi and Parwat reserved for pasture". According to learned Additional Advocate General, the assertion made is in column 4, which pertains to reference of name of the tenant, his father's name, caste and place of residence with the term of tenancy. Any entry in that column beyond the required details, as per learned Additional Advocate General, is not relevant. According to him, the classification of land is given in column 7 and as per that, the land is not a pasture land.
(2.) So far as the issue with regard to grant of way passing through the land bearing Khasra No. 617/197 is concerned, learned Additional Advocate General submits that the respondents shall not allow crossing through the pond situated in the land bearing Khasra No. 617/197 of Village Langera. In view of the statement made by learned Additional Advocate General with regard to the issue No. 2, no grievance of the petitioners, as a matter of fact, survives.
(3.) So far as the issue No. 1 is concerned, that requires examination of complete revenue records and other relevant facts. Those can be examined in a better way by the officers of the Revenue Department. We are of the considered opinion that the cause of the petitioners shall be appropriately examined by the Collector Banner, who is the highest authority of the Revenue Department in the district concerned. Accordingly, this petition for writ is disposed of by directing the Collector, Barmer to consider the issues raised in this petition for writ by taking into consideration all relevant Revenue records and ancillary facts. If demanded, the Collector shall also provide an opportunity of hearing to the petitioners and other persons interested including the persons, who are having mining leases in the area concerned. The Collector shall decide the entire issue on or before 16.11.2015. The interim order granted by this court on 25.08.2015 stands vacated. Final Result : Disposed off ;