Bhartiya Govansh Rakshan Samvardhan Parishad, Raj. v. The State of Rajasthan
2011-03-07
ARUN MISHRA, PRAKASH TATIA
body2011
DigiLaw.ai
JUDGMENT 1. With the consent of the parties, the matter is heard finally. 2. The petitioners have assailed the order with respect to the correction of entries in connection with Khasra Nos. 74 and 149 (Annexure-29) dated 15.04.2005, which has been passed in continuation of the order dated 08.04.2005. 3. It is not in dispute that there was entry of words 'charagah' and 'bihad' in Khasra Nos. 74 and 149 situated at Sardar Shahar. An application was filed by the respondents No. 17 to 21 for correction of the entries. A prayer was made to delete the entries of words 'charagah' and 'bihad'. For correcting the entries, appropriate proceedings were not drawn. However, the report of Tehsildar was sent to the SDO and the Collector. Thereafter, the Collector sent the report to the State Government and the State Government has passed the order dated 15.04.2005 (Annexure-29) directing correction and deletion of entries of words 'charagah' and 'bihad'. 4. We have heard learned counsel for the parties at length. 5. However, it could not be disputed at bar that the procedure as contemplated under Section 136 of the Rajasthan Land Revenue Act, 1956 had not been followed. It was necessary to hear the interested parties i.e. public in general before changing the entries. It is also clear that the procedure for changing the nature of land in case land was 'charagah' and 'bihad' had not been followed, this aspect was required to be gone into. 6. In view of the aforesaid, we quash the order dated 15.04.2005 (Annexure-29). As prayed by learned Govt. Counsel appearing on behalf of the State, we direct the concerned respondent - Competent Authority to hear the interested parties after giving public notice to them and thereafter pass fresh order in accordance with law. 7. Resultantly, this writ petition is allowed to the aforesaid extent. The order dated 15.04.2005 (Annexure-29) is hereby quashed. With respect to alienation, status quo as it exists today shall be maintained by the parties. No costs.Writ Petition Allowed as Above. *******