JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioners before this Court were Jagirdar, whose land was resumed under the Rajasthan Land Reform Resumption of Jagir Act 1952 (hereinafter as the Act 1952). The Rajasthan Land Reform Resumption of Jagir Act 1952 came into force with effect from 16th February, 1952 on being published in Rajasthan Gazette as per Section 14, which was amended from time to time following provisions provided under Sections 14, 16, 18 & 19. The present case mainly relates to Section 18 & 19 of the Act 1952, which has been the basis later on, for the petitioners who have assailed the order issued by the State Government dated 30th April, 2002, 22nd November, 2002 and also the order dated 9.6.2000 by way of this writ petition and have prayed as under:

"(i) the direction of the State Government as contained in order dated 30.4.2002 and in the consequential orders to the effect that it shall be necessary for the Collectors to seek prior approval of the State Government before sending the allotment proposals to khudkasht/jagir Commissioner may be declared illegal, ultra vires of the Act and the same may be quashed and set aside with consequential directions;

(ii) the directions of the State Government as contained in the order dated 22.11.2002 and in the consequential orders to the effect that allotment of the land as Khudkasht to the ex-jagirdars under the Act of 1952 shall be made by the Khudkasth Commissioner only in II Phase of Indira Gandhi Canal Project Area and not in any other district and that there will be no need of obtaining enquiry report from the District Collectors and that pending matters of allotment of land as Khudkasht to ex-jagirdars should be sent by the Collectors to the Khudkasth/jagir Commissioner without enquiry report, may be declared as illegal and against the provisions of the Act and said directions may be quashed and set aside;

(iii) the directions contained in the order dated 9.6.2000 of the State Government to the affect that Khudkasht Commissioner should not allot the land for khudkasht in excess of agricultural ceiling limit may be quashed and set aside;

(iv) the non-petitioners may be directed to process and decide the applications of the petitioners for allotment of the land as khudkasht in accordance with the Act and the Rules as early as possible as if no such impugned direction have been passed by the State Government, (v) Any other order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner, (vi) Costs may be awarded."

2. Vide impugned order dated 30th April, 2002, the Secretary Revenue issued an order to all District Collectors directing that in future before making allotment, Khudkasth/Jagir Commissioner shall take prior approval from the State Government. Learned Counsel submits that the said order goes contrary to the decision taken by the respondents, in the order sheet wherein it was decided that the land has to be allotted depending upon demand of the applicants and availability the said land and as per prayer made by the applicant. Decision in this regard was to be taken exclusively by Jagir Commissioner himself. Thus order dated 30.4.2002 could not have been passed after the decision had been taken by the Government as noted in the order sheet. Learned counsel further submits that the allotment was to be made in terms of the Act of 1952 and therefore, the same was to be made by the Commissioner himself and there is no provision for the prior permission to be taken from the State Government under the Act of 1952.

3. As regards order dated 22.11.2002 Government has in terms of the said order directed that the land has to be hence-forth allotted to ex-Jagirdars in Indira Gandhi Canal Project Area, Phase-II. Learned counsel for the petitioner submits that in terms of Section 19 of the Act 1952 the land was to be allotted as per order mentioned therein. Thus firstly, land surre