Hadman Ram Sankhi vs State Of Rajasthan And Ors

Heard learned counsel for the parties. Perused the material available on record.

The instant writ petition (PIL) has been preferred by the petitioner with the following specific ground and prayer:

Ground

(a) That in the first instance, impugned inaction on the part of respondent authorities in not stopping such illegal construction of building of Kisan Seva

Kendra and Land Record Information Center on the aforesaid government land reserved for the purpose of common well, catchment area of the said

well and other public utilities of the villagers and nearby areas is nothing but illegal, unjust and arbitrary. It the duty of respondent authorities, who are

instrumentalities of the State Government, to ensure that no person will make any illegal encroachment or construction on the government land

reserved for the aforesaid purposes. But in the instant case, the respondent authorities have failed to discharge their public duties and in fact, are

allowing such illegal construction to be raised on the land reserved for said purposes, which is against the interest of public at large.

Prayer-

(ii) by an appropriate writ, order or direction, the respondent authorities may kindly be restrained from raising construction of building of Kisan Seva

Kendra and Land Record Information Center on the land in dispute bearing Khasra No.791 situated in Village Hadan, Tehsil Kolayat, District Bikaner

and they may also kindly be directed to ensure that no such construction work will be raised on the land in dispute, which forms the part of catchment

area of common well (water reservoir) in future as well.

On perusal of the facts, grounds and the prayers made by the petitioner in the writ petition (PIL), it is apparent that he has raised a specific grievance

regarding the Kisan Seva Kendra and Land Record Information Center alleging that these facilities have been constructed raised on the land reserved

for a common well falling in Khasra No.791 in the village Hadan.

The State Government has filed a pertinent reply replying the averments made in this writ petition and with a plea that these two buildings have been

constructed on Abadi land comprising of Khasra No.790.

No rejoinder has been filed till date to controvert this specific plea made in the reply.

In this background, this Court has no reason to be satisfied that the construction of two buildings, referred in the pleadings of the petitioner, are being

raised on the land which has been reserved for a public well.

As a consequence, while making it clear that the issue regarding unauthorized construction being raised on the land reserved for the public well

comprising of Khasra No.791 shall be taken up in the connected writ petition being D.B. Civil Writ Petition No.4418/2019 (Prabhu Ram Suthar vs.

State of Rajasthan & Ors.), the instant writ petition (PIL) is disposed of in light of the averments made in the reply of the State Government.

No order as to cost.