The main legal point established in the judgment is that the Government Resolution dated 08.07.1998 only allowed allotment of land for residential purposes to Gallantry Awardees of the 1962 and 1965 Wars, and not for agricultural purposes to retired ex-servicemen.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioners have put forth prayer clauses (B), (C) and (D), which read as under:

(B) By way of appropriate Writ, order or directions in the like nature, this Hon’ble High Court may kindly quash and set aside the impugned order dated 31.01.2020 issued by the District Collector, Latur, by which, the application for allotment of land in favour ex-servicemen is rejected, which is contrary to the Government Resolution dated 07.08.1998 (sic. 08.07.1998) (Annexure-B)

(C) By way of appropriate Writ, order or directions in the like nature, this Hon’ble High Court may kindly direct the respondents to allot the agricultural land in favour of the petitioners in view of the application made by the petitioners being ex-servicemen pursuant to the Government Resolution dated 08.07.1998.

(D) By way of appropriate Writ, order or directions in the like nature, this Hon’ble High Court may kindly hold and declare that, the petitioners are entitled for the allotment of the land being the legal heirs of ex-serviceman Late Shri Manohar S/o Dattatraya Shrungare, pursuant to the Government Resolution dated 08.07.1998.

3. Petitioner No. 1 is the widow of Manohar Dattatraya Shringare. Petitioner Nos. 2, 3 and 4 are the biological children of Manohar. Manohar has passed away on 13.04.2021. Manohar joined the Armed Forces as Havildar. He superannuated in November 2006 and was issued with a certificate from the Mahar Regimental Centre (Security Training Certificate) dated 30.11.2006. He had joined in 1982. He had put in 24 years in employment.

4. The state of Maharashtra has issued a Government Resolution dated 28.07.1972, by which, the members of the Armed Forces and the Ex-servicemen or their Society was eligible for a parcel of land for constructing their residences. This was followed by another Government Resolution dated 08.07.1998, providing for a parcel of land to such Society of the Ex-servicemen for construction of residences. The Government Resolution dated 08.07.1998 reads as under:

xxx xxx xxx

5. Deceased Manohar had moved an application in 1992, seeking allotment of 5 acres of gairan land in Gharni Shiwar, Gut Nos. 529 and 542. The said application was not considered. Manohar was in service at the time of making such application. Another application was made on 20.02.2004 by Manohar to the District Collector. He reiterated the same demand for 5 acres of gairan land. Even that application was not considered. He then made an application on 14.11.2017, setting forth the same demand. Since it was not considered, he approached this Court in Writ Petition No. 15024/2017, which was disposed off, with a direction to the District Collector to decide the pending application of the petitioner. Thereafter, his application was rejected by an order dated 19.03.2018. He preferred Writ Petition No. 5485/2018, challenging the rejection. By an order dated 06.01.2020, Manohar was permitted to submit a fresh representation to the District Collector for allotment of land for earning his livelihood. On 31.01.2020, relying upon a decision dated 28.01.2011, delivered by the Hon’ble Supreme Court in Jagpal Singh and Others vs. State of Punjab and Others, (2011) 11 SCC 396 and the Government Resolution dated 12.07.2011, which was introduced in the light of Jagpal Singh (supra), the application of Manohar was rejected, concluding that, he is not eligible for the allotment of 5 acres of gairan land.

6. We have considered the strenuous submissions of the learned Advocate for the petitioner and the learned A.G.P. The learned A.G.P. relies upon the Judgment in State of Orissa and Others vs. Premalata Mohapatra (Dead), through LRs. 2021 SCC Online SC 1052.

7. Having reproduced the Government resolution dated 08.07.1998, it is apparent that the allotment of land to an Ex-serviceman was not for earning of livelihood or for agricultural or farming activities. The