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2011 DIGILAW 1036 (RAJ)

Shyam Sunder v. State of Rajasthan

2011-05-16

ARUN MISHRA, KAILASH CHANDRA JOSHI

body2011
JUDGMENT 1. - By this common order we are deciding DB Civil Special Appeal (Writ) No.374/2001, 712/2010 and 293/2011 for the reason that DB Civil Special Appeal (Writ) No. 712/2010 Abhay Singh v. State of Rajasthan arose out of SBCW Petition No. 5702/2007 which has been decided by the learned Single Judge in detail and SB Civil Writ Petition No.5796/2007 Shyam Sunder v. State of Rajasthan out of which DB Civil Special Appeal (Writ) No.374/2011 and SB Civil Writ Petition No.5799/2007 of Bhanwroo Ram v. State of Rajasthan & Ors. out of which DB Civil Special Appeal (Writ) No.293/2011 were decided by the learned Single Judge in terms of the detailed order passed in SB Civil Writ Petition No.5799/2007 Bhanwroo Ram v. State of Rajasthan & Ors. 2. All the three appellants were admittedly the tenant of the Gram Panchayat Ramdeora and the cases of all the appellants are that they have filed an application for the purchase of land of which they are tenant and the Gram Panchayat, Ramdeora proceeded to make the sale in accordance with the Rajasthan Panchayat Rules 1996 (hereinafter referred to as `the Rules'), but the State Government imposed restriction on the sale and when permission was sought by the Gram Panchayat the State Government directed that the Gram Panchayat cannot sale the land which is given on rent under rule 156 of the Rules , for the reason that the Ramdeora Temple is an important Religious place of the State. Further, the State Government directed the Gram Panchayat that the restriction shall remain till any plan is formulated by the Gram Panchayat. 3. The respondents, while filing the reply before the learned Single Judge, contested the matter and the learned Single Judge vide the above orders, dismissed the writ petitions of all the three appellants. 4. The counsel for the appellants contended that prior to the restriction imposed by the State Government many persons who were tenants of the Gram Panchayat, the property was sold by the Gram Panchayat in their favour. Therefore, the appellants cannot be discriminated by imposing such restriction vis-a-vis the other persons in whose favour the property was sold and on the same ground appellants are also entitled to get the land situated near by the area of Ramdeora Temple. 5. Therefore, the appellants cannot be discriminated by imposing such restriction vis-a-vis the other persons in whose favour the property was sold and on the same ground appellants are also entitled to get the land situated near by the area of Ramdeora Temple. 5. The learned counsel for the appellants contended that the act of the State Government to impose the restriction is arbitrary and when the similarly situated persons were given the benefit of purchasing the property in near vicinity of the temple then the imposing of the restriction by the State Government amounts to discrimination to the present appellants. 6. We have considered the contentions raised by the learned counsel for the appellants and also perused the judgment of the learned Single Judge as well as the pleadings averred in the writ petition. 7. It is admitted case of the appellants that they are the tenants of the Ramdeora Panchayat Samiti and upon that land they have constructed shop but even by mere construction of shop, they cannot claim right of ownership. 8. In our considered view, as per the provisions of the Act and the Rules framed therein, if any sale has been made contrary to the provisions of the law, it does not give any right in favour of the appellants to claim the benefit of the irregularity committed in the past. Thus, the Court cannot allow to perpetuate the illegality or irregularity committed by the State Government or the Panchayat and the Court cannot give directions contrary to law. 9. In this view of the matter, we are of the considered opinion that the order of the learned Single Judge, does not suffer from any infirmity or irregularity and no right whatsoever accrues in favour of the appellants. Therefore, all the three intra court appeals filed by the appellants are dismissed and the order of the learned Single Judge passed in SB Civil Writ Petition No. 5796/2007, 5702/2007 and 5799/2007 are maintained. No order as to costs.Appeal Dismissed. *******