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2015 Supreme(Raj) 1136

RAJASTHAN HIGH COURT
Sangeet Lodha, J.
Abdul Aziz & Ors. - Appellant
Versus
State of Rajasthan & Ors - Respondent
S.B.Civil Writ Petition No.7227 of 2014.
Decided On : 5-01-2015

Advocates:
For the Petitioner:J.L. Purohit, Senior Advocate assisted by N.R. Budania, Advocate.
For the Respondent: None.

Headnote:Rajasthan (Allotment and Sale of Government Land in Indra Gandhi Canal Colony Area) Rules, 1975, Rules 7 and 13A – Constitution of India, 1950 – Article 226- petition filed challenging the allotment of land to Mandi Vikas Samiti- Govt. Notification allotting the land to Mandi VIkas Samiti was issued on 07.06.1996 was appealed- Appellate authority in its order dated 29.10.1999 remanded the said matter- Petitioner after 14 years filed an application tot eh Appellate authority for allotment of land- it is held that the Petitioner cannot challenge the allotment order dated 07.06.1996 after 14 years- Petition is hereby dismissed with the liberty to petitioner to seek appropriate remedy after the decision on the allotment is rendered by the RAA.

JUDGMENT

1. - This writ petition is directed against notification dated 7.6.96 issued by the State Government, whereby in exercise of the power conferred under the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in Bhakhra & Indira Gandhi Canal Project Colony Area) Conditions 1973 (for short "Conditions 1973"), the land ad measuring 550 bighas comprising various murabbas including murabba no. 92/47 in Chak DLSM and Chak RM, stands allotted to Mandi RD465.

2. The facts relevant are that the State Government issued notification dated 24.11.90, which was published in the official Gazette on 5.1.91, whereby the lands of Colonisation Tehsil- Chhatargarh No.1 were reserved for special allotment. Jannat w/o Abdul Aziz along with two other applicants namely, Lakhvinder Singh and Jannat w/o Mohd. Hanif applied for allotment of the land comprising murabba no.92/47 in chak 1 DLSM. All the three applicants were found eligible for allotment and accordingly, on the recommendation of the Advisory Committee, the land was put to auction. Lakhvinder Singh gave his bid for Rs. 40,000/-. Smt. Jannat though deposited 35% of the value of the land as earnest money, refused to give her bid and therefore, the bid offered by Lakhvinder Singh being highest, the land was allotted in his favour. The application preferred by Smt. Jannat was rejected. The amount of Rs. 500/- deposited by Smt. Jannat was directed to be refunded. It is stated that aggrieved by the order dated 16.3.93, Smt. Jannat w/o Abdul Aziz filed two appeals and one appeal was filed by Smt. Jannat w/o Mohd. Hanif before the Revenue Appellate Authority (RAA), Bikaner. It is stated that vide order dated 15.9.94, the RAA set aside the order dated 16.3.93 passed by the Allotting Authority, allotting the land in favour of Lakhvinder Singh and the matter was remanded to the Allotting Authority to reconsider the applications after examining the priority under Rule 7 & 13 A of Rajasthan (Allotment & Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 ( for short "the Rules"). It is alleged that pursuant to the remand order passed by the RAA, vide order dated 29.10.99, the Sub Divisional Officer, Chhatargarh, found Smt. Jannat eligible for allotment of 13 bighas uncommand land comprising kila no.13 to Abdul Aziz & Ors. v. State Of Rajasthan & Ors. (S.B.Civil Writ Petition No.7227/14) 25 of murabba no.92/47 in chak 1 DLSM. The applicant-Smt. Jannat was directed to produce her bona fide resident certificate and the matter was directed to be placed before Allotment Advisory Committee. According to the petitioners, the matter was not required to be placed before the Allotment Authority in view of the recommendations already made by the Advisory Committee by its meeting held on 4.3.93 and thus, realising the mistake, the Allotting Authority did not place the file before the Advisory Committee, Smt. Jannat was accepted as allottee and was put into possession of 13 bighas of land comprising murabba no.92/47. It is averred that on 3.6.13, Smt. Jannat made an application before the Sub Divisional Officer, Chattargarh and prayed that after remand order passed by the RAA, she is entitled to get the allotment order of the land issued in her favour. The application preferred by Smt. Jannat was rejected by the Sub Divisional Officer, Chhatargarh vide order dated 3.6.13 observing that vide order dated 29.10.99 the matter was required to be placed before the Advisory Committee and only after verification of the documents to be produced by the applicant-Smt. Jannat, the land was to be allotted in her favour, after determination of the value of the land. The Allotting Authority further observed that the applicant- Smt. Jannat having Abdul Aziz & Ors. v. State Of Rajasthan & Ors. (S.B.Civil Writ Petition No.7227/14) failed to deposit 35% of the value of the land and produce the documents for verification, her application for allotment automatically stands rejected.

3. Aggrieved by t








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