Alok Sharma, J. - (1.) A challenge in this petition has been made to the notification dated 04.08.2014 issued by the respondent No. 2 declaring Jhaduwala as a new revenue village as carved out of pre -existing village Dholakheda, Gram Panchayat Raghunathpura, Panchayat Samiti Udaipurwati, District Jhunjhunu. A consequent direction has also been sought for merger of the said newly created revenue village Jhaduwala with village Dholakheda aforesaid.
(2.) CLAIMING to be the residents of the erstwhile Dholakheda village, the petitioners have submitted that the decision to establish a new revenue village as aforesaid is contrary to the State's own circular dated 20.08.2009. It has been submitted that the Gram Panchayat Raghunathpura by its resolution dated 02.09.2014 has revoked its earlier resolution dated 20.05.2013 recommending the creation of a new revenue village Jhaduwala as also No Objection Certificate dated 27.05.2013 issued by the Sarpanch for the formation of a new revenue village. It has been submitted that the earlier resolution dated 20.05.2013 was a result of collusion between a ward member one Parmeshwari Devi and Sarpanch of the Gram Panchayat Raghunathpura without taking into consideration the view of the majority of the villagers of Dholakheda village stated to be adversely affected by the creation of a new revenue village carved out of their village. Assertions with regard to the illegality of the creation of a new revenue village Jhaduwala have also been made on count of it substantially occupying pasture land to be allegedly used for abadi and hence being fundamentally illegal. It has also been submitted that the new revenue village Jhaduwala lacks the requisite minimum infrastructure/facilities and the petitioners And other similarly situate as erstwhile residents of the village Dholakheda, now forced into being residents of the new village would be inconvenienced And required to have their records of agricultural holdings And other documents modified.
(3.) REPLY to the petition has been filed on behalf of the State Government. It has been submitted that a representation was first received on 12.01.2013 at the instance of 10 villagers of the erstwhile village Dholakheda to declare Dhani Jhaduwala as a village, it was then followed by the resolution of Gram Panchayat Raghunathpura on 20.05.2013 as also the NOC dated 27.05.2013 issued by the Sarpanch thereof. Steps then were taken with requisite inquiry being made by the Revenue Officers for the creation of a new revenue village which was then carved out of the pre -existing village Dholakheda on it being found that such action would be fully compliant with the circular dated 20.08.2009 issued by the State Government setting out the parameters for the creation of new revenue villages. It has been submitted that in terms of the circular dated 20.08.2009, the criteria for the creation of new revenue villages is that such villages should have a minimum population of 250 or 200 in case of desert and tribal areas and be at the distance of over 1 k.m. from an existing village. The new revenue village Jhaduwala satisfies the two essential pre -conditions as detailed in the Government's circular dated 20.08.2009. It has been further submitted that even though inquiries were made for the creation of the new revenue village Jhaduwala following demands of some villagers, in terms of the circular dated 20.08.2009 it was not even necessary to do so. The creation of a new revenue village can be done even without any public demand or recommendation by elected representatives. It has been submitted that the creation of a new revenue village is in the discretion of the State Government when necessary for development purposes as the village unit is aside of being important for administration also central to development activities in the area such as water supply, roads, dispensaries, electrification, post office etc. It has been pointed out that it has been experienced in the course of administration that the benefits of development are largely confined to the main populated area of a village to the exclusion of outlying, far away areas, sparsely inhabited such as Dhanis. It has been submitted that therefore it is the policy of the State Government to create new revenue villages for facilitating development activities. The respondents also stated that requisite inquiries were made before the notification dated 04.08.2014 declaring new revenue village Jhaduwala and all process adopted as the matter was considered by the jurisdictional Tehsildar whose recommendations were conveyed to the Collector, Jhunjhunu and then forwarded to the Board of Revenue. Only thereupon, after consideration of the matter at various levels, new revenue village Jhaduwala was notified. It has been asserted that the notification is in public interest and beneficial to the residents of the newly created revenue village Jhaduwala. It has been pointed out that the decision to create a new revenue village is a policy decision and there is nothing on record to establish that it was either arbitrary, mala fide or without application of mind warranting interference therewith. In the circumstances, it has been submitted that the petition is misdirected and it is prayed that it be dismissed.;