Unauthorized occupants of government B-kharab land cannot claim allotment under Article 226.

The appellants were described as unauthorised occupants of Government land classified in the revenue records as Jungle Kharab/B Kharab.

Their applications for allotment of the land were not accepted, and revenue authorities recorded it as Government land.

The appellants challenged those decisions in W.P. No. 17457 of 2018; the learned Single Judge dismissed the petition on 15 April 2025.

The appellants then brought these writ appeals.

1. Whether the appellants could obtain allotment of land classified as Government Jungle Kharab/B Kharab.

2. Whether the learned Single Judge’s refusal to interfere with the revenue authorities’ decisions warranted appellate interference.

Article 226 of the Constitution confers discretionary writ jurisdiction, which may be refused where a claimant seeks relief concerning unauthorised occupation of Government land.

The Court treated land classified as Jungle Kharab/B Kharab in the revenue records as Government property that could not be allotted or granted to the appellants and was to be used for public purposes.

The judgment cites no statutory provision beyond referring to Article 226 and no precedent.

The Court accepted the revenue classification of the disputed land as Government B Kharab and noted that the appellants’ allotment applications had not been favoured.

It held that, as alleged unauthorised occupants, the appellants could not use Article 226 to obtain a grant of Government land.

Finding no error in the Single Judge’s decision or ground for appellate interference, it dismissed the appeals.

It also stated that the Government must retrieve land from unauthorised occupants.