Mahendra Kumar Dhabhai s/o Shri Radha Kishan Dhabhai v. State of Rajasthan, Through Chief Secretary, Government of Rajasthan, Govt. Secretariat, Jaipur
2008-02-29
R.M.LODHA, RAGHUVENDRA S.RATHORE
body2008
DigiLaw.ai
JUDGMENT 1. - We heard Mr. Ajay Gupta, the counsel for the petitioner and perused the material placed on record. 2. The grievance raised in the writ petition by means of this public interest litigation relates to the land khasra No. 811 admeasuring 0.60 hectare situate in Sikar on Fatehpur Road (National High Way No. 11). According to the petitioner without any authority and competence, the Sub Divisional Officer passed an order on 16th April, 2005 purporting to be under Section 136 of the Land Revenue Act treating this land as an agricultural land though it is an urban land within the municipal area of Sikar. The petitioner has alleged that this exercise has been done to favour some people who have formed land mafia and construction over the subject land is without permission and against the bye-laws. 3. In so far as the correctness of the order dated 16th April, 2005 is concerned, we are of the view that if the said order has been passed without any competence or authority by the Sub Divisional Officer, Sikar, appropriate legal recourse available under the Rajasthan Land Revenue Act must be adopted for setting aside the said order. We are afraid, the correctness of the said order does not deserve to be examined in the public interest litigation. 4. As regards alleged illegal construction over the subject land, we observe that the petitioner may make a representation to the Chief Executive Officer/Commissioner, Municipal Council, Sikar in this regard. We further observe that if such a representation is made, the concerned authority shall examine the same and pass an appropriate order in accordance with law, if necessary, after hearing the effected parties and take such order to the logical conclusion. 5. The writ petition stands disposed of.Writ petition disposed of. *******