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2015 DIGILAW 480 (RAJ)

Banwari Lal v. The State of Rajasthan

2015-02-23

ALOK SHARMA

body2015
JUDGMENT 1. - A challenge in this petition has been made to the notification dated 04.08.2014 issued by the respondent No.2 declaring Jhaduwala as a new revenue village as carved out of a pre-existing village Dholakheda, Gram Panchayat Raghunathpura, Panchayat Samiti Udaipurwati, District Jhunjhunu. A consequent direction has also been sought for merger of the said newly created revenue village Jhaduwala with village Dholakheda aforesaid. 2. Claiming to be the residents of the erstwhile Dholakheda village, the petitioners have submitted that the decision to establish a new revenue village as aforesaid is contrary to the State's own circular dated 20.08.2009. It has been submitted that the Gram Panchayat Raghunathpura by its resolution dated 02.09.2014 has revoked its earlier resolution dated 20.05.2013 recommending the creation of a new revenue village Jhaduwala as also No Objection Certificate dated 27.05.2013 issued by the Sarpanch for the formation of a new revenue village. It has been submitted that the earlier resolution dated 20.05.2013 was a result of collusion between a ward member one Parmeshwari Devi and Sarpanch of the Gram Panchayat Raghunathpura without taking into consideration the view of the majority of the villagers of Dholakheda village stated to be adversely affected by the creation of a new revenue village carved out of their village. Assertions with regard to the illegality of the creation of a new revenue village Jhaduwala have also been made on count of it substantially occupying pasture land to be allegedly used for abadi and hence being fundamentally illegal. It has also been submitted that the new revenue village Jhaduwala lacks the requisite minimum infrastructure / facilities and the petitioners and other similarly situate as erstwhile residents of the village Dholakheda, now forced into being residents of the new village would be inconvenienced and required to have their records of agricultural holdings and other documents modified. 3. Reply to the petition has been filed on behalf of the State Government. It has been submitted that a representation was first received on 12.01.2013 at the instance of 10 villagers of the erstwhile village Dholakheda to declare Dhani Jhaduwala as a village, it was then followed by the resolution of Gram Panchayat Raghunathpura on 20.05.2013 as also the NOC dated 27.05.2013 issued by the Sarpanch thereof. It has been submitted that a representation was first received on 12.01.2013 at the instance of 10 villagers of the erstwhile village Dholakheda to declare Dhani Jhaduwala as a village, it was then followed by the resolution of Gram Panchayat Raghunathpura on 20.05.2013 as also the NOC dated 27.05.2013 issued by the Sarpanch thereof. Steps then were taken with requisite inquiry being made by the Revenue Officers for the creation of a new revenue village which was then carved out of the pre-existing village Dholakheda on it being found that such action would be fully compliant with the circular dated 20.08.2009 issued by the State Government setting out the parameters for the creation of new revenue villages. It has been submitted that in terms of the circular dated 20.08.2009, the criteria for the creation of new revenue villages is that such villages should have a minimum population of 250 or 200 in case of desert and tribal areas and be at the distance of over 1 k.m. from an existing village. The new revenue village Jhaduwala satisfies the two essential pre-conditions as detailed in the Government's circular dated 20.08.2009. It has been further submitted that even though inquiries were made for the creation of the new revenue village Jhaduwala following demands of some villagers, in terms of the circular dated 20.08.2009 it was not even necessary to do so. The creation of a new revenue village can be done even without any public demand or recommendation by elected representatives. It has been submitted that the creation of a new revenue village is in the discretion of the State Government when necessary for development purposes as the village unit is aside of being important for administration also central to development activities in the area such as water supply, roads, dispensaries, electrification, post office etc. It has been pointed out that it has been experienced in the course of administration that the benefits of development are largely confined to the main populated area of a village to the exclusion of outlying, far away areas, sparsely inhabited such as Dhanis. It has been submitted that therefore it is the policy of the State Government to create new revenue villages for facilitating development activities. It has been submitted that therefore it is the policy of the State Government to create new revenue villages for facilitating development activities. The respondents also stated that requisite inquiries were made before the notification dated 04.08.2014 declaring new revenue village Jhaduwala and all process adopted as the matter was considered by the jurisdictional Tehsildar whose recommendations were conveyed to the Collector, Jhunjhunu and then forwarded to the Board of Revenue. Only thereupon, after consideration of the matter at various levels, new revenue village Jhaduwala was notified. It has been asserted that the notification is in public interest and beneficial to the residents of the newly created revenue village Jhaduwala. It has been pointed out that the decision to create a new revenue village is a policy decision and there is nothing on record to establish that it was either arbitrary, mala fide or without application of mind warranting interference therewith. In the circumstances, it has been submitted that the petition is misdirected and it is prayed that it be dismissed. 4. I have heard the counsel for the petitioners and the respondents and also perused the writ petition and reply thereto. 5. Section 16 of the Act of 1956 provides that the State Government may by notification in the Official Gazette create new or abolish existing division, Districts, sub-divisions, Tehsils, sub-tehsils and villages and alter the limits of any of them. The powers of the State Government to create a new revenue village therefore has a statutory foundation. In the context of the powers under Section 16 of the Act of 1956, the circular dated 20.08.2009 broadly sets out the parameters for the creation of a new revenue village and the logic therefor. The said circular states that the creation of a new revenue village is beneficial to the development of outlying areas of a village which are ordinarily denied development activities largely confined to the main inhabited area of a notified village. Taking note of the aforesaid factor, the circular aforesaid leaves it to the discretion of the Revenue Officers without being prodded by local residents or even public representatives to make recommendation for the creation of new revenue villages to facilitate development activities. Taking note of the aforesaid factor, the circular aforesaid leaves it to the discretion of the Revenue Officers without being prodded by local residents or even public representatives to make recommendation for the creation of new revenue villages to facilitate development activities. In this context, it has been provided that the two essential requirements be ordinarily taken into account for the creation of a new revenue villages i.e. (i) that the minimum population of the new revenue village should be at least 250 inhabitants and in cases of desert and tribal area even 200 residents suffices and (ii) that a new revenue village should be at least at the distance of over 1 k.m. from an existing village. The notification dated 04.08.2014 creating Jhaduwala village satisfies both the aforesaid pre-conditions inasmuch as the population of the said newly created revenue village Jhaduwala is 750 and it is at the distance of 3 k.m. from the existing village Dholakheda. Aside of the aforesaid, there is material on record to establish that the administrative processes for notifying the new revenue village were fully complied with and the matter considered by the Tehsildar, Collector and the Board of Revenue before the issue of the impugned notification dated 04.08.2014. 6. In the case of Rama Ram v. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.1645/2013, decided on 22.07.2013 , the Hon'ble Division Bench of this Court has held that where norms with regard to minimum population of a revenue village are adhered to and a new revenue village notified with intent of development of outlying areas and the requisite administrative exercise for the purpose at various levels undertaken, no interference with the creation of a new revenue village can be warranted in a petition under Article 226 of the Constitution of India. It was held that "revenue administration, to start with, is the best judge to decide on this issue and in the absence of any unimpeachable proof of any violation of the prescribed norms" pertaining to establishment of a revenue village, no interference is called for. The Hon'ble Division Bench in the circumstances also negated the contention of the petitioners in the case before it against the creation of a new revenue village on account of inconvenience to certain villagers, as is also alleged in this petition. 7. The Hon'ble Division Bench in the circumstances also negated the contention of the petitioners in the case before it against the creation of a new revenue village on account of inconvenience to certain villagers, as is also alleged in this petition. 7. In the context of the facts, detailed hereinabove and the state of law particularly Section 16 of the Act of 1956 as also the fact that the norms for the creation of a new revenue village as enunciated in the Government's circular dated 20.08.2009 have been complied with, I find no merit in the writ petition. It is accordingly dismissed. 8. Consequently, the stay application also stands dismissed and the interim order dated 30.09.2014 is vacated.Petition dismissed. *******