The main legal point established in the judgment is the obligation of the State Government to allot equivalent land to the petitioner and other persons within a stipulated period, emphasizing the nature and classification of the allotted land and prohibiting discrimination in land allotment.

ORDER :

Heard learned counsel for the parties.

The present writ petition has been filed with the following prayers:

"(i) The letter of Tehsildar dated 26.08.2013 and all consequential proceeding thereupon may kindly be quashed and set aside.

(ii) the respondents be directed to allot land to the petitioner equivalent to the original allotted land and/or to allot him land on the same lines on which other eight persons were allotted land as detailed in the writ petition in an expeditious manner.

(iii) If thought fit, appropriate contempt proceedings be launched against respondent No.4 under Contempt of Court Act, 1971."

2. Brief facts giving rise to the present writ petition are that the petitioner being a landless person and an agriculturist by profession, applied for allotment of land under the provisions of Chapter-III B of Rajasthan Tenancy Act and Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. Pursuant thereto, vide order dated 26.05.1982 passed by the respondent No.2-District Collector, Jaisalmer, a piece of land ad-measuring 53 Bighas and 11 Biswas situated at Village Moolsagar was allotted in favour of the petitioner and 07 other persons. Thereafter, a notice dated 20.01.2005 was issued by the District Collector, Jaisalmer, calling upon the respective allottees including the petitioner for taking alternate land of the Government in place of the original khatedari land allotted to them vide order dated 26.05.1982. In pursuance of the said notice dated 20.01.2005, the petitioner along with other allottees submitted their reply, however, without providing the alternate land, the District Collector, Jaisalmer, vide his order dated 09.05.2006 (Annex.6), cancelled allotment of the land made in favour of the petitioner as well as other allottees.

3. Aggrieved of the order dated 09.05.2006 passed by the respondent No.3-District Collector, Jaisalmer, the petitioner preferred a writ petition before this Court being S.B. Civil Writ Petition No.3978/2006. This Court vide order dated 11.08.2006, after hearing the counsel for the parties, while admitting the writ petition passed an interim order and directed the concerned authorities to allot alternative land in lieu of the land acquired from the present petitioner.

4. In pursuance of the interim order dated 11.08.2006 passed by this Court, alternate land was allotted to the petitioner vide order dated 06.02.2008 (Annex.9) in village Mokala in lieu of the land acquired. Aggrieved against the said allotment order of the alternate land, the petitioner sent a letter dated 16.02.2008 to the authorities stating therein that the alternate land allotted to the petitioner vide allotment order dated 06.02.2008 is inadequate. On receipt of said letter, the Dy. Secretary, Jaipur sought report from the District Collector, Jaisalmer regarding the anomaly in the allotment of land at Village Mokala, pointing out that none of the persons have taken the land allotted to them at Village Mokala. In the circumstances, the District Collector, Jaisalmer vide letter dated 29.09.2011, sought approval from the State Government with respect to allotment of the alternate equivalent land to the petitioner.

5. This Court after taking note of the letter of District Collector, Jaisalmer dated 29.09.2011 disposed of the writ petition vide order dated 25.05.2012 taking into consideration the nature/classification of the land allotted to the respective allottees in terms of the interim orders passed by the Court and directed the State Government to allot equivalent land to the petitioner and other persons within stipulated period. Thereafter on 26.08.2013, a letter was sent by the Tehsildar, Jaisalmer to the petitioner asking therein that the petitioner may submit his consent by way of filing an affidavit for allotment of the alternate land at Village Mokala. The petitioner filed an affidavit for handing over the possession of the land at Mokala. The petitioner also wrote a letter dated 17.12.2012 to the D