G. M. LODHA

( 1 ) THESE writ petitions as per Schedules A and B raise common questions of law, though there may be some additional features in some of the petitions. A joint request was made by the learned counsel for the petitioners M/s. M. Mridul, and I. J. Lodha, on behalf of the petitioners and A. K. Mathur, Additional Advocate General on behalf of the State of Rajasthan, that it would be in the interest of justice if they all are heard and decided together. Since I was of the view that the request was fair and reasonable, all these writ petitions are being decided by this common judgment.

( 2 ) ALL the writ petitioners are claiming agricultural land in various parts of Sri Ganganagar district of Rajasthan State and, their long drawn battle relates to the effort of the respondents to either take possession of some land by declaring surplus or refuse allotment under the various laws which would be referred a little late, and the rival efforts of the petitioners to hold on the land by claiming it under one category or the other and then challenging the orders one after the other in judicial forum on manifold grounds.

( 3 ) THE principal relevant law may now be referred first. Rajasthan Colonisation Act, 1954 (hereinafter referred to as the Colonisation Act) and the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Tenancy Act) (are the principal basic statutes. Under the nomenclature of the rules, conditions have been framed from time to time. The Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 (hereinafter referred to as the Rules of 1975), the Rajasthan Colonisation (Sale and Allotment of Government Land to Post-1955 Temporary Cultivation Lease holders and other Landless Persons in the Rajasthan Canal Project Area) Rules, 1971 (hereinafter, for short, called as the Post-1955-Rules of 1971) are the principal laws which are relevant, although reference may be required to be made of various rules and notifications, also, the Rajasthan Colonisation (Bhakhra Project Government Lands Allotment and Sale) Rules, 1955 (hereinafter, for short, referred to as the. Bhakhara Rules, 1955 ).

( 4 ) TAKING Budharams writ only for the purposes of mentioning the facts, in details, it may be mentioned that there are two petitioners, Budharam and his son Rooparam, who are the residents of Chak 1-SVS, Tehsil Sri Bijey Nagar District Sri Ganganagar. As per the averments made in the writ petition, the petitioner No. 1 Budharam was allotted 3 bighas of command land and 10 bighas of un-command land in Murabba No. 195/409 in Chak 1 SVS: 12 bighas of command land in Murabba No. 104/409 and 25 bighas of un-command land in Murabba No. 195/409 of Chak 1 SVS, Tefasil Sri Bijey Nagar in the year 1956. The lease aforesaid was continue to be renewed till the year 1968 whereafter renewals were not effected as the State Government proceeded to make the Rajasthan Colonisation (Rajasthan Canal Project Government Land Allotment and Sale) Rules, 1967, which on challenge were later on struck down by this Court. The persons to whom the land had been allotted for temporary cultivation, was allowed to continue to remain in possession of the land as temporary cultivation lease holder.

( 5 ) BUDHARAM-PETITIONER No. 1 moved an application for allotment of aforesaid land permanently under the Post-1955-Rules of 1971. This application was allowed in part on 28th Sep. , 1972 and it was ordered that the 3 bighas of command land and 10 bighas of un-command land (in all 13 bighas) comprising in Murabba No. 195/409 and 12 bighas of command land in Murabba No. 194/409 was allotted to the petitioner No. 1 on permanent basis while ordering resumption of 25 bighas of uncommand land of Murabba No. 195/409.

( 6 ) THE petitioners case is that the Post-1955-Rules of 1971 were challenged before this Court by a number of writ petitions. The writ petitions were dismissed on 11th June, 1974. Appeals again