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2025 DIGILAW 437 (RAJ)

Moola Ram S/o Vabhuta Ram v. State of Rajasthan

2025-02-18

VINIT KUMAR MATHUR

body2025
JUDGMENT : 1. The present batch of writ petitions is being heard and decided together as they arise out of common grievance. However, for brevity, the facts of SBCWP No.3470/2025 are taken into consideration for deciding the controversy in the present batch of writ petitions. 2. So far as the writ petition No.3470/2025 is concerned, the same has been filed for quashing the notification dated 20.1.2025 issued by the State Government for creation of new revenue village “Gogaji Ki Jaal” in District Barmer. The other writ petitions have been preferred challenging the similar notifications and the proposals for creation of new villages sent by the Panchayat Samities concerned in violation of Clause 4 of the Circular dated 20.8.2009. 3. Briefly stated facts necessary to be noted in SBCWP No.3470/2025 are that Vikas Adhikari of Goliya Jethmal Adel, District Barmer sent a proposal for creation of new village “Gogaji Ki Jaal” in Panchayat Samiti Aadel, District Barmer. The proposal for the same was taken in the meeting held on 30.9.2024. The proposal was accompanied by a “No Objection Certificate” (hereinafter referred to as ‘the NOC’) issued by the Gram Panchayat. The proposal received from the Gram Panchayat was examined by the Tehsildar concerned by conducting a preliminary inquiry and, thereafter, a report was submitted before the SDO, Gudamalani. In the said report, the recommendation was made for creation of the new village as proposed by the Tehsildar. When the fact of creation of new village came to the knowledge of the villagers, the villagers made a representation before the competent authorities of the State Government alleging that the said proposal was against the guidelines issued by the State Government vide its circular dated 20.8.2009. However, the State Government had issued notification on 20.1.2025 notifying the creation of revenue village “Gogaji Ki Jaal” , hence, the present writ petition has been filed. 4. Similarly, in other writ petitions, either the notification has been issued or the proposal for creation of new villages are in the pipeline and the representations had been made to the effect that the creation of such villages is in violation of clause 4 of the circular dated 20.8.2009. 5. 4. Similarly, in other writ petitions, either the notification has been issued or the proposal for creation of new villages are in the pipeline and the representations had been made to the effect that the creation of such villages is in violation of clause 4 of the circular dated 20.8.2009. 5. Learned counsel for the petitioners submits that although the State Government had the power to create new villages as per Section 16 of the Rajasthan Land Revenue Act, 1956 , but vide circular dated 20.8.2009 certain guidelines have been issued for creation of such villages. In the present case, clause 4 of the guidelines has been violated as the name of the village is on a deity of a particular caste. Similarly in other cases, notification had been issued or the proposals for creation of the villages in the name of some person, caste, sub-caste or religion had been sent and, therefore, the same is in utter violation of clause 4 of the circular dated 20.8.2009. 6. Learned counsel submits that the names of the newly created villages cannot be named in violation of clause 4 of the circular dated 20.8.2009. He submits that when in certain cases the representation was made to the District Collector, Jodhpur, the District Collector, Jodhpur examined the matter and issued guidelines vide his order dated 10.2.2025 to name the villages in consonance with the provisions mentioned in the circular dated 20.8.2009. On the same line, the Board of Revenue has also issued an order dated 10.2.2025 addressed to Collector, Barmer. 7. Learned counsel further submits that similarly in other cases where the notification has not been issued, the proposals are in process giving names to the newly created revenue villages in utter violation of clause 4 of the circular dated 20.8.2009. It is, therefore, prayed that the notification dated 20.1.2025 and other similar notifications and proposals for creation of new villages in violation of clause 4 of the circular dated 20.8.2009 may be quashed and set aside. 8. Per contra Mr. S.S. Ladrecha, learned Addl. Advocate General appearing for the respondent-State submits before this Court that clause no.4 of the circular dated 20.8.2009 has been amended by the State Government by issuing the circular dated 17.2.2025. A copy of the same is taken on record. 8. Per contra Mr. S.S. Ladrecha, learned Addl. Advocate General appearing for the respondent-State submits before this Court that clause no.4 of the circular dated 20.8.2009 has been amended by the State Government by issuing the circular dated 17.2.2025. A copy of the same is taken on record. Learned AAG submits that the State Government also received a number of representations and after re-examination of the entire matter, the State Government has felt advised to modify/amend the condition/clause 4 of the circular dated 20.8.2009 by issuing a circular dated 17.2.2025. Learned AAG, in these circumstances, very fairly submits that the Government is prepared to undertake its exercise afresh for creation of the newly created revenue villages in the light of circular dated 17.2.2025. He, therefore, prays that the respondents may be given some more time to undertake such exercise afresh. 9. I have considered the submissions made at the bar and gone through the relevant record of the case including the circular dated 17.02.2025 issued by the State Government amending clause 4 of the Circular dated 20.08.2009. 10. Section 16 of the Rajasthan Land Revenue Act is reproduced as under: “ 16. Power to create, abolish or alter divisions etc . – The State Government may be notification in the [official Gazette]- (a) create new or abolish existing [divisions] districts, sub-divisions, tehsils and [subtehsils, villages], and (b) alter the limits of any of them. 11. For brevity Clause 4 of the Circular dated 20.08.2009 reads as under: 12. The amendment made in clause 4 of the Circular 20.08.2009 vide circular dated 17.02.2025 issued by the State Government reads as under:- 13. Section 16 of the Rajasthan Land Revenue Act gives power to the State Government for creation of new villages in State of Rajasthan while undertaking the exercise for creation of new villages. For this purpose, the parameters/guidelines mentioned in the circular dated 20.8.2009 are required to be adhered to by the State Government. 14. As per the amended Clause 4, the parameters required for giving the name to the newly created revenue village has been mentioned. There are certain restrictions, which have been imposed keeping in mind the ethos of democracy and larger public interest. Although, this Court takes note of the fact that amended clause 4 has been passed in liberalized form though the sanctity of checks and balances have been mentioned. 15. There are certain restrictions, which have been imposed keeping in mind the ethos of democracy and larger public interest. Although, this Court takes note of the fact that amended clause 4 has been passed in liberalized form though the sanctity of checks and balances have been mentioned. 15. Perusal of amended Clause 4 clearly shows that the State Government has modified the earlier clause 4 of the circular dated 20.08.2009 vide its circular dated 17.02.2025 and Gram Panchayats have now been directed to get a resolution passed by majority in the Gram Sabha and that proposal is required to be sent to the State Government. A bare reading of the provision stated above shows that a newly created village should not be named after any person, caste, sub-caste or religion and in the present batch of writ petition it is named after a person, caste and sub-caste. “Gogaji” is a local deity worshiped by a particular community. 16. In the considered opinion of this Court, there is a purpose and intention to incorporate clause 4 in the terms that no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society. 17. As it has been noted that the proposal sent to the State Government was in utter violation of circular dated 20.8.2009, the Collector, Jodhpur vide his letter dated 10.2.2025 had taken note of the same and issued guidelines for sending the proposal in conformity with the condition/clause mentioned in circular dated 20.8.2009. On the similar line, the Board of Revenue has also issued letter dated 10.2.2025 to District Collector, Barmer. The State Government has also received some representations wherein the same grievances were raised. Taking into consideration all these facts, the State Government brought amendment in circular dated 20.8.2009. Since the learned AAG has already submitted before this Court that the State Government has issued an amendment in clause 4 by circular dated 17.2.2025, this Court is of the considered view that the notification issued by the State Government dated 20.1.2025 is in violation of clause 4 of the circular dated 20.8.2009. Similarly, all such notifications akin to notification dated 20.1.2025 issued by the State Government, which are subject matter in other writ petitions filed before this Court are also dehors the provisions of clause 4 of circular dated 20.8.2009. 18. Similarly, all such notifications akin to notification dated 20.1.2025 issued by the State Government, which are subject matter in other writ petitions filed before this Court are also dehors the provisions of clause 4 of circular dated 20.8.2009. 18. In view of the discussion made above, the present writ petition and the batch of writ petitions are disposed of by quashing and setting aside the notification dated 20.1.2025 and other similar notifications issued by the State Government. The State Government is directed to initiate fresh process for creation of new revenue villages adhering to the parameters/guidelines mentioned in the circulars dated 20.8.2009 and 17.2.2025. 19. The directions issued hereinabove shall also be made applicable for the cases in which the notification for creation of new villages has not been issued and the same are in process. 20. The order passed by this Court will be made applicable only qua the petitioners, who have approached this Court. 21. All the pending interlocutory applications as well as the stay applications also stand disposed of accordingly. 22. Office is directed to keep photostat copy of this order in each of the aforesaid writ petitions.