1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 7466 of 2009 BALWANT SINGH & ORS V/S STATE OF RAJ. & ORS. Mr. BL PUROHIT, for the appellant / petitioner Mr. RAKESH ARORA, Mr. SANDEEP BHANDAWAT, AGC, for the respondent Date of Order : 7.12.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the petitioner and the counsel for the respondents. Preliminary objections have been raised on the side of the respondents No.3 and 4, to the effect; firstly that the autonomous body, to which the land has been allotted, has not been impleaded as party, secondly that the State Government's order dated 16.6.2009 pursuant whereto Annex.5 was issued, has not been challenged. Then thirdly, that the petitioner is guilty of suppression of material fact, inasmuch as, equal amount of land as allotted vide Annex.5 has been given to the Gram Panchayat as pasture land, and for that purpose necessary Jamabandies have been produced on record to show that land measuring 1.94 hectares in Khasra No.715 has been allotted to Gram Panchayat in lieu of 1.94 hectares of land of Khasra No.661 allotted to the concerned Dairy, and that Khasra No.661 and 715 are adjacent to each other. Then certain other objections have also been raised. 2 Arguing the writ petition, learned counsel for the petitioner submitted that in view of the provisions of Section 124 of the Panchayati Raj Act, Section 50 of the Panchayati Raj Act and the Schedule appended to the Panchayati Raj Act read with Article 243G of the Constitution, the land in Khasra No.661 vested in the Gram Panchayat, and Collector had no jurisdiction to divest the Gram Panchayat from that land. Then the learned counsel was pointed out that this is a public interest litigation writ and that when dehors the preliminary objections identical extent of land has already been allotted to the Gram Panchayat as a pasture land, the public interest of the villagers to graze the cattles, or about availability of the extent of land to graze the cattle no more remains a subject matter of controversy, and therefore, this cannot be termed to be a public interest litigation. The hypertechnical infraction of some Panchayat Act as may be alleged, or some violation of rights of the Panchayat, which ultimately does not adversely effect the public interest, as such, could not be entertained as public interest litigation. To that, the reply given by the learned counsel for the petitioner was that all the villagers have interest in the specific land being Khasra No.661. In our view, that stand cannot be accepted, inasmuch as, at best the rights of the inhabitants of the village that may be recognised is with respect to availing the extent of land as pasture to graze the cattle. In that view of the matter, in our view, no public interest is involved in the matter, therefore, we are not inclined to entertain the present petition as public interest 3 litigation writ. The same is, therefore, dismissed. Learned counsel for the petitioner submits that the petitioners' may be granted liberty to file fresh writ in S.B. Obviously if the petitioners have any individual right, they are always free to file writ and for that no permission is required to be given as such. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /tarun/