Rajasthan High Court Upholds Creation of New Revenue Villages Despite Procedural Challenges
Guidelines for Village Creation Deemed Non-Statutory; Court Dismisses Writ Petitions Alleging Administrative Irregularities
In a significant ruling, the Rajasthan High Court has dismissed a series of writ petitions challenging the creation and naming of new Revenue Villages by the State Government. The petitioners had contested the validity of notifications issued for the establishment of new villages, alleging that the State Government acted in violation of guidelines outlined in several circulars. These circulars, they argued, were intended to ensure a fair and transparent process in accordance with the Panchayati Raj Act and the Rajasthan Land Revenue Act, 1956.
Justice Kuldeep Mathur, presiding over the case, highlighted the administrative nature of creating new Revenue Villages under Section 16 of the Rajasthan Land Revenue Act, 1956. The court ruled that such actions, although influenced by policy decisions, are not bound by the non-statutory guidelines provided in the circulars. The judgment emphasized that deviations from these guidelines do not invalidate the process unless there is clear evidence of mala fide intent or arbitrariness.
The court also addressed the petitioners' claims regarding the lack of Gram Sabha meetings and general consent, asserting that recent circular amendments allow alternative mechanisms for village creation proposals. These amendments were introduced to mitigate delays caused by the challenge of obtaining general consensus.
Furthermore, the court dismissed concerns over the naming of new villages, which some petitioners argued were influenced by political and personal biases. Justice Mathur noted that unless naming decisions were explicitly proven to be made with mala fide intent or under undue influence, they could not be invalidated based on non-statutory guidelines.
In conclusion, the court emphasized that the creation of new Revenue Villages is a matter of administrative discretion, intended to enhance revenue administration and extend developmental benefits to all residents, including those in remote areas. It was determined that the State Government's actions in creating new villages were administrative in nature, and not subject to interference unless proven arbitrary or mala fide.
Bottom Line:
Creation and naming of new Revenue Villages under Section 16 of the Rajasthan Land Revenue Act, 1956 - Administrative act subject to guidelines, but adherence to those guidelines is not mandatory unless statutory force is established.
Statutory provision(s): Section 16 of the Rajasthan Land Revenue Act, 1956
Mala Ram v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2782992
