1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ------------------------------------------------- CIVIL WRIT No. 5655 of 2007 LADU SINGH RAV & ORS. V/S STATE & ORS. Mr. K. N. JOSHI, for the appellants. Mr. A.K. RAJAVNSHY), for the respondents. Mr. O.P.BOOB) Date of Order : 11.9.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- In this Public Interest Litigation, the petitioners have submitted, that the respondents No. 3 and 4 have established schools at Churu and Salasar respectively. The petitioners are filing this PIL to avoid breach of peace. It was further alleged that controversy involved in this writ petition is already pending before this court in SBCWP No. 134/01 (Vishwa Nath Tabaria Vs. State of Rajasthan & Ors.), in which after admission, stay was granted. The Manager of respondent No. 3, wrote a 2 letter to District Collector, Churu and alleged that 4 bighas of land in Salasar may be given to respondent No. 4. Collector, Churu called report from Tehsildar and Tehsildar in turn, called report from Patwari and informed vide letter dated 23.12.2005 that in Salasar Khasra No. 757/611 measuring 42 Bighas is a Gochar land, and further stated that total Gochar land is 208.15 Bighas, whereas number of animals in the village is 2881 and thus, Tehsildar informed to the Collector that Gochar land available at Salasar for animals is less and still it needed 1237 bighas of land. In spite of the fact that the land was less in comparison to animals in the village, 4 Bihgas of Gochar land was allotted to respondent No. 4 stating that there is Govt. land measuring 9 to 10 bighas though, no such land is available, so all villagers are annoyed. As per the Rajasthan Tenancy (Govt. Rules) 1955 (hereinafter referred to as (the Rules of 1955) ½ bigha of Gochar land is required for each cattle. Thus, allotment orders issued by the District Collector dated 11.6.2007 and 10.8.2007 Annexures/6 and 7, are per se, illegal 3 and without jurisdiction, and in violation of rules of 1955. There is no Government land available in the village which can be converted into Gochar land. It is further alleged that Rule 7 of the Rules of 1955 is contrary to the scheme of the Act, hence, this rule may be declared void and allotment of Gochar land in Khasra No. 757/611, made by the District Collector, Churu, vide Annexure/ 6 and 7 be quashed and set aside, and the respondent No. 4 be restrained from using it and entering in it. Respondent No. 3 and 4 have filed preliminary objections, and submitted, that this writ petition has not been filed in the public interest but, has been filed by persons being Ladhu Singh and Shravan Kumar, having their own interest in it, to fulfill illegal interest, who are secretary and members of the executive of R N Public Secondary School, which is situated adjacent to the land in question. It is further alleged that this school has trespassed over some part of the land of Khasra No. 757/611. This school building is also constructed on agricultural land 4 and this school is using land in question for parking its buses and for its play ground. It was also submitted that the land in question was allotted to the respondent, after getting it converted, from pasture land to non pasture land, and also after converting 6 bighas and 5 biswa of land, out of 9 bigha and 10 biswa land of Khasra No. 649/609, into pasture land in compensation to 4 bighas land allotted to respondents. It is further submitted that Mr. Sanjeev Sharma, president of Salasar Gram Vikas Samiti, made a complaint to the District Collector, and alleged that RN Public Secondary School has constructed school building on pasture land of Khasra No. 757/611, and also that school has trespassed over pasture land. It was also submitted that the land in question is surrounded by populated area. There are RN Public Secondary School, one Hostel of Social Welfare department, Govt. Girls School, Police station and some other Govt. departments near the allotted land, and land in question is not useful for grazing the cattle, as RN Public Secondary School is parking its buses on that ground. It was also 5 submitted that the respondent has paid total Rs. 6 lacks as value of the land, and has taken possession, and got land transferred in their name, and has also constructed two rooms in which school is running, hence, the petition may be dismissed. Respondents No. 1, 2, 5 and 6 submitted that the writ petition has been filed with ulterior motives to meet out the rivalry, as the land in question has been allotted to educational institute. It was submitted that the land in question has been allotted after user-change in land, by the State Government and after providing alternate land measuring 6.05 bigha for Gochar land. The respondents admitted Annexures 1 to 5 and further submitted that the land in question has been allotted to respondent No. 4, by the Collector, after sanction by the State Government. Further it is submitted that there is no violation of Article 14 and 21, as there is no discrimination with the petitioner in passing order dated 11.6.2007, hence petition may be dismissed with cost. 6 The petitioners submitted rejoinder and alleged that there is registered executive committee of 13 persons, which is running RN Public Secondary School, situated at more than 50 yards from the Gochar land. The order Annexure/6 does not disclose conversion of land. It is further alleged that conversion of 6 bighas and 5 biswa of land into Gochar land is impossible, because that land is not lying vacant, but has been occupied by different departments, as mentioned in para 'c' of additional pleas, hence, this is incorrectly stated in Annexure/6 that in Khasra No. 649/609, 9-10 bighas of land is vacant. The petitioners submitted affidavit of some persons who have narrated in their affidavits, that the land allotted to school Adarsh Vidhya Mandir in Gochar land is vacant, and no school is running on that land. Heard learned counsel for the parties and perused the record. 7 Learned counsel for the petitioners submitted that the land has been allotted to the respondents in violation of Rules 6 and 7 of the Rules of 1955, and further submitted that alternate land allotted for Gochar land is not lying vacant, and school is not running on the land in question, hence, allotment order Annexure/6 and 7, made by the collector Churu, may be quashed and set aside. On the other hand, learned counsel for the respondents argued that the land in question has been allotted in accordance with rules, after converting Gochar land, and after making alternate land available for Gochar purposes, and respondent No. 3 and 4, after making payment, and getting land registered and transferred in their name, have taken possession, and are running school, and this petition has been filed with ulterior motive, so it may be dismissed. As per Annexure/1, the District Collector, Churu submitted report to the government 8 for permission to convert 4 bighas of land in Khasra NO. 757/611, for private school, and as per Annexure/2, land in question was vacant. No doubt, it was also mentioned in Annexure/2, that there are 2881 cattle in the village, and Gochar land is only 208.15 bighas. In the village, as per rule 6 of the Rules of 1955, ½ bigha of land, per cattle is to be earmarked for pasture purposes. Annexure/6, by which land has been allotted to the private respondent, clearly reveals that out of 9-10 bighas of land in Khasra No. 649/609 land measuring 6.05 bighas, has been converted into Gochar land, which fact is further supported by the entries in `Namantkaran register. Thus, it becomes clear, that only after making available 6 bighas Gochar land in comparison to allotted 4 bighas land in question, land has been allotted to respondents No. 3 and 4, which is not in contravention to Rule 6 & 7 of the Rules of 1955. As per, Annexure/6 and 7, this land has been allotted in consideration of Rs.6 lacks and respondents have already deposited Rs.6 lacks, and after that, land has been transferred to respondent. As per report Annexure 9 R-3/4, possession has already been given to respondents. Two rooms have already been constructed over that land. As per map, Annexure R-3/2, land in question is surrounded by Rest House, Police Station, Girls School and other Government offices, and it cannot be said that land in question is fit for pasture, hence, allotment of land, for private school to respondent is not in violation of any rule, and allotment is in accordance with rules. As far as alternate land, allotted for Gochar purposes is concerned, report of Patwari dated 31.3.2008 reveals, that there is no trespass on 6.05 bighas of land, converted into Gochar land in Khasra No 649/609. In light of this report, arguments of the learned counsel is devoid of force to the extent, that alternate land is not lying vacant, and has been allotted to or occupied by different departments or Samities. It appears, that this petition, has been filed by petitioners with ulterior motives, to meet 10 out the rivalry, as the land in question has been allotted to educational institution, and the petitioner Ladhu Singh, Shravan Kumar and Devendra, who are secretary and members of the executive of RN Public Secondary School, are running school on adjacent land. Thus, there is no public interest involved in the matter, and the petition deserves dismissal. Hence, petition of the petitioners is dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /ns./