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Judgment
This writ petition has been filed by the petitioners seeking directions to the respondents to refrain from constituting a new revenue Village Chelana
Nagar by bifurcating the existing revenue village Lunawas Kallan, which falls within the territorial limit of Gram Panchayat Lunawas Kallan, Tehsil
Luni, District Jodhpur.
Precisely, the case set out by the petitioners is that no resolution was adopted by the Gram Panchayat, Lunawas Kallan proposing constitution of a
new Village Chelana Nagar, out of existing village Lunawas Kallan. It is submitted that the resolution dated 9.12.15 forwarded to the State
Government proposing the constitution of new revenue village is a forged document, which is prepared by then Upsarpanch of Gram Panchayat,
Lunawas Kallan in connivance with Gram Sewak and Patwari and thus, the entire proceedings initiated for the constitution of new revenue village on
the basis of such resolution, which was never adopted by the Gram Panchayat stands vitiated. It is submitted that subsequently, the Gram Sabha in its
meeting held on 24.4.18 has adopted a specific resolution not to constitute the new revenue village and cancel the proceedings already initiated in this
regard.
Vide order dated 30.1.2020 passed by this Court, directed the respondents to produce the original record of the proceedings taken by the Gram
Panchayat/Gram Sabha, Lunawas Kallan proposing constitution of new revenue Village Chelana Nagar. That apart, Smt. Pappu Devi, holding the post
of Sarpanch, at the relevant time was directed to remain present before this Court.
Pursuant to the order passed as aforesaid, the original register containing the proceedings of meeting of Gram Panchayat dated 9.12.15 is produced
before us by learned Additional Advocate General. A bare perusal of the proceedings reveals that no resolution was adopted by the Gram Panchayat
on that day proposing constitution of new revenue village as aforesaid. The resolution no.4 adopted by the Gram Panchayat is altogether a different
resolution and not the one which was forwarded to the State Government proposing constitution of the new revenue village. Smt. Pappu Devi, then
Sarpanch of Gram Panchayat, Lunawas Kallan, confirms that no resolution as alleged was adopted by the Gram Panchayat for constitution of
Chelana Nagar by bifurcating the existing Village Lunawas Kallan. She states that the resolution on the basis of which the proceedings for constitution
of new revenue Village Chelana Nagar was initiated, is a forged document, appears to have been prepared by then Upsarpanch in connivance with
the officials of the Gram Panchayat.
Learned Additional Advocate General fairly submits that since the proposal for constitution of new revenue Village Chelana Nagar was processed
on the basis of the resolution said to have been adopted by the Gram Panchayat in its meeting held on 9.12.15 and since the same is found to be
forged, the State Government does not intend to take any further proceedings for constitution of the new revenue village as proposed. Learned AAG
submits that the State Government shall take the appropriate steps to book the persons, who were indulged in preparing the forged resolution of the
Gram Panchayat.
In view of the categorical stand of the State Government as aforesaid, no further order is required to be passed by this Court in the present writ
petition (PIL), the same is disposed of accordingly. However, the State Government is directed to take the appropriate proceedings against the
unscrupulous persons, who were indulged in preparing the forged documents.