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2020 Supreme(Raj) 47
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
I. MAHANTY, PUSHPENDRA SINGH BHATI, JJ.
Bal Singh - Appellant
Versus
State of Rajasthan and Ors. - Respondent
D.B. Spl. Appl. Writ No. 857 of 2011
Decided On : 22-01-2020
Advocate Appeared:
For the Appellant : R.D.S.S. Kharlia
For the Respondent:J.L. Purohit, Senior Advocate assisted by N.R. Budania and Rekha Borana, AAG
Rights accrued and crystallized under a final allotment order cannot be reversed in favor of parties whose rights were extinguished by cancellation of allotment and dismissal of their writ petition.
Headnote:
LAND REFORMS - Allotment of Land - Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 - Appellant's entitlement to land allotment recognized in 1956 - Allotment order issued in 2000 - Private respondents' earlier allotment cancelled in 1979 - Private respondents' writ petition seeking allotment dismissed in 2002 - Appellant's writ petition seeking possession of allotted land - Single Judge directed allotment to private respondents - Held, appellant's rights crystallized and private respondents' rights extinguished - Impugned order quashed.
Fact of the Case:
Appellant, entitled to land allotment under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, was allotted 25 bighas of land in 2000. Private respondents, whose earlier allotment of the same land was cancelled in 1979, filed a writ petition seeking allotment, which was dismissed in 2002. Appellant filed a writ petition seeking possession of the allotted land. The Single Judge directed allotment to the private respondents.
Finding of the Court:
The appellant's rights accrued in 1956 and crystallized in 2000 were never challenged and stood finalized. The private respondents' rights were extinguished by the cancellation of their allotment in 1979 and the dismissal of their writ petition in 2002. The impugned order, seeking to adjudicate the appellant's rights, virtually allowed the prayers of the private respondents, whose prayers had already attained finality in negative.
Issues: Whether the appellant's rights to the allotted land were crystallized and final. Whether the private respondents' rights were extinguished by the cancellation of their allotment and the dismissal of their writ petition. Whether the Single Judge erred in directing allotment to the private respondents in the appellant's writ petition.
Ratio Decidendi: The appellant's rights accrued in 1956 and crystallized in 2000 were never challenged and stood finalized. The private respondents' rights were extinguished by the cancellation of their allotment in 1979 and the dismissal of their writ petition in 2002. The impugned order, seeking to adjudicate the appellant's rights, virtually allowed the prayers of the private respondents, whose prayers had already attained finality in negative.
Final Decision: The appeal was allowed. The impugned order was quashed and set aside. The appellant's writ petition was allowed, and the respondents were directed to comply with the allotment orders in favor of the appellant within three months.
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This special appeal has been preferred by the appellant/writ petitioner claiming the following relief:
"(A) the instant special appeal may kindly be ordered to be allowed and the impugned judgment/order dated 11th Sept., 2008 passed by the learned Single Judge in S.B. Civil Writ Petition No. 6041/2008 (Bal Singh Vs. State of Raj. & Ors.) may kindly be ordered to be quashed and set aside and the official respondents may kindly be directed to give possession of the land allotted to the humble appellant comprised in Murabba No. 297/355 of Chak 24 PTD, Tehsil Raisinghnagar, District Sriganganagar and the writ petition of the humble appellant may kindly be ordered to be allowed as prayed for and the application under Order 41 Rule 27 preferred by the humble appellant may kindly be allowed."
2. Brief facts of this case, as noticed by this Court, are that the appellant/writ petitioner submitted an application under Section 14(1) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 on 19.12.1954. The Naib Tehsildar, Jambaramgarh on 02.02.1956 found the appellant/writ petitioner entitled for allotment of 78 bighas of Khudkasht land, as per the report sent by the Deputy Collector, Jagir (Jaipur). The matter was further forwarded by the Deputy Collector, Jagir (Jaipur) to the Commissioner (Khudkasht), Jaipur on 04.02.1956, while reporting the yearly income of the appellant/writ petitioner as Rs. 1900/- and his entitlement to hold further 42 bighas 15 biswas of land. Finally, an order was passed on 29.02.1956, whereby the appellant/writ petitioner was held by the State-respondents to be entitled for allotment of 1 Murabba (25 bighas) of land. However, inspite of the process, the land was not allotted to the appellant/writ petitioner.
3. On 26.02.1998, the appellant/writ petitioner moved an application to the Commissioner (Khudkasht) for allotment of the land in command area. The proceedings again culminated into the judgment dated 11.10.2000, whereby the appellant/writ petitioner was declared entitled for allotment of 25 bighas (1 Murabba) of land situated in Chak 24 PTD, Murabba No. 297/355, Tehsil Raisinghnagar, District Sri Ganganagar. The said judgment also sought report from the Collector, who submitted that the above land was available for allotment, as it was recorded as Rakba Raj. Pursuant to the said judgment dated 11.10.2000, an allotment order was issued on 01.11.2000 whereby, the Khudkasht Commissioner allotted 25 bighas of land to the appellant/writ petitioner situated at Chak 24 PTD, Murabba No. 297/355, Tehsil Raisinghnagar, District Sri Ganganagar.
4. In the meanwhile, one Late Moti Ram, whose legal heirs are on record, was allotted the same land on 30.03.1965, but on account of non-payment of the requisite installment, the allotment of land to Late Moti Ram was cancelled vide order No. 124 dated 19.02.1979 passed by the Deputy Colonization Commissioner, Vijay Nagar. Late Moti Ram thereafter, filed an application on 01.05.1989 before the Sub Divisional Officer, Raisinghnagar seeking permission to deposit the installments; consecutive application were also preferred for the same purpose.
Late Moti Ram and his legal heirs submitted similar applications before the Collector, Sri Ganganagar. Late Moti Ram and his legal heirs also deposited certain amounts, and also simultaneously filed a suit for permanent injunction before the MGM Raisinghnagar under Order 39 Rules 1 and 2 of the Code of Civil Procedure, wherein an ex parte injunction order was passed, however, the same was vacated on 06.09.1993.
5. The legal heirs of Late Moti Ram thereafter, preferred S.B. Civil Writ Petition No. 5489/1993 (Mangla Ram & Ors. Vs. State of Rajasthan & Ors.) seeking direction to the authorities to accept the installments payable by the original allottee, Late Moti Ram alongwith interest and to restore the allotment order.
In the aforementioned writ petition No. 5489/1993, the learned Single Judge of
