 filed challenging the mutation entries in the record of rights in favour of some private persons.){kind=link}
The Gujarat High Court imposed a Cost of Rs.50,000/- on the Petitioners and dismissed a Public Interest Litigation (PIL) filed challenging the mutation entries in the record of rights in favour of some private persons.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee find the PIL wholly misconceived filed by four persons who claim to be the members of Schedule Tribe and working for the betterment and social and economic welfare and upliftment of the Adivasi community. The Bench noted that the name of the community is not even indicated in the petition.
Further, the contention in the petition is that in the scheme of the Central Government, certain lands were allotted to agricultural labourers belonging to Schedule Tribe being Adivasi community of the village. However, the documents pertaining to grant of lands in favour of 144 landless agricultural labourers in form of Village Form No.6 .
It is further stated that certain mutation entries were made in the year 1977 and 1985 in favour of other persons, allegedly belonging to Schedule Tribe being Adivasi community. The statements made in the petition about the nature of the scheme and the allotment made with respect to the agricultural labourers are misleading, inasmuch as, none of the persons to whom lands in question were allotted have been impleaded herein.
Further contention in the petition is that in the year 1983, on the grant given by the Central Government for construction of Kachcha Houses, a colony in the name “Sugar Naher Colony” was constructed.It is stated that representations came to be made to the Gram Panchayat by more than 100 residents of Block No.408 out of total 198 original allottees who are landless agricultural labourers and in whose favour the plots came to be allotted by the authority, stating therein that their names were not recorded in the registers/revenue records maintained by the Gram Panchayat. On the said representations, a resolution came to be passed by the Gram Panchayat relegating them to approach the Collector .
The further contention is that the petitioners came to know on making certain inquiry and collecting records pertaining to Block No.408 that 33 plots were registered in the name of the individuals who are neither the original allottees nor are the legal heirs of the original allottees. However, the Bench noted that none of the 33 individuals, whose names are allegedly wrongly recorded in the revenue records, are party to the petition.
Further contention is that the petitioners under the Right to Information Act sought the details of the meeting of the General Body of the Gram Panchayat held on 7.12.2020 and they came to know that by the said resolution, a decision was taken by the General Body for transfer of the lands to some other block numbers.
Be that as it may, none of the persons who were the original allottees of the lands in question or the heirs of the original allottees i.e. the person who inherited the lands in question from the original allottees are before the Court. The four petitioners who claim to be public spirited persons cannot be permitted to maintain the present writ petition in the nature of PIL challenging the mutation entries in the record of rights in favour of some private persons that too without impleading them in the present writ petition. “This seems to be some personal vendetta of the petitioners or dispute relating to landed property which is being given the shape of PIL.”
Noticing the above facts, the Court have very serious doubt about the credentials of the petitioners before us, who claim to be members of Adivasi community (Schedule Tribe). The present petition is accordingly, dismissed by the High Court with costs of Rs.50,000/- to be paid by each of the petitioners herein, in equal proportions, i.e. (Rs.10,000/- by each petitioner)