D.B. CIVIL WRIT PETITION NO.10116/2008 (Devi Lal & Ors. Vs. State of Rajasthan & Ors.) DATE OF ORDER : 19.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Deelip Kawadia for the petitioners. Heard learned counsel for the petitioners. Learned counsel for the petitioners has challenged the validity of Section 16 of the Rajasthan Land Revenue Act, 1956 and Gazette Notification dated 04.07.08, issued by the State Government to the effect of inclusion of the village Neta Ka Guda in Tehsil Mavli (Distt. Udaipur) from Tehsil Nathdwara (Distt. Rajsamand). In our view, the powers under Section 16 of the Rajasthan Land Revenue Act are quite inclusive and it is within the domain of the State Government to evaluate division, sub-division or tehsil by delimiting the existing geographical boundaries. Challenge to the provisions of Section 16 of the Rajasthan Land Revenue Act after a lapse of considerable period of about 52 years, is nothing but abuse of the process of law. So far as prayer for entering the territorial limit of the village as well as its inclusion in Mavali and Nathdwara, both of which are adjoining, is a policy decision of -2- the State Government issued under Section 16 of the Rajasthan Land Revenue Act. The State can do so, if the exigencies are required. This court cannot go into the decisions of the State Government with regard to the policy decision in the matter of creation of division, sub-division, tehsil etc. However, by virtue of Section 16(B) of the Rajasthan Land Revenue Act, the petitioner is free to make representation to the State Government for alteration of the boundaries. Accordingly, this writ petition is dismissed summarily. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore