JUDGMENT :

1. An application (IA No. 1/2022) has been filed in SBCWP No. 10359/2016 under Order 22 Rule 3 of CPC for substitution of the legal representatives of the petitioner on record.

2. For the reasons stated therein, the same is allowed.

3. Amended cause title is already placed on record.

4. With due consent of both the sides, the matters are taken up for final disposal.

5. The present writ petitions are filed under Article 226 of the Constitution of India against the order dated 28.04.2016, passed by respondent no.3, with the following prayers:-

“It is therefore prayed that your lordships will be pleased to accept this writ petition and summon the records from the respondents and after examining the same and by an appropriate writ, order or direction:

i) by an appropriate, writ, order or direction to quash the impugned order dated 28/04/2016 (Annex.27) passed by UIT, Kota and alternate land may kindly be allotted to the petitioner as allotted to similarly situated persons in the same location/area.

ii) by an appropriate, writ, order or direction to the respondents to consider the various representation of the petitioner and allotted the alternate land in lieu of plot No. 13 situated at village Khandgawadi, Kota (Known as Civil Lines Kota) as allotted to other similarly situated person on 02/08/1989 (Annex.6), 03/03/1990 (Annex.9), 09/04/1999 (Annex.10), 24/03/2005 (Annex.12) under the scheme of Land for land in the same locality.

iii) Any other order, which this Hon’ble Court deem just and proper may kindly be passed in favour of the petitioner.

iv) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

6. It is submitted by learned counsel for the petitioner that on 16.05.1958, the Gram Panchayat Khandgawadi-Kota (at present, known as Civil Lines-Kota), as per the provision(s) of the Rajasthan Panchayat Act, 1953, had issued patta(s) in favour of the petitioner as well other persons, after having received applications by them, with regards to the construction of houses on several plots, including that on Plot No. 13 admeasuring 277.77 sq. yards qua the petitioner. Thereafter, on 17.11.1973, in light of the Apex Court judgment in Ram Narain vs. State of Rajasthan reported in AIR 1973 SC 1188, the respondents accepted the validity of the patta(s) so issued in favour of the petitioner as well as the other individuals. It is pertinent to note that in the meantime, from 1958 to 1973, the respondents continued to constructed houses for Government Officers on the land of the petitioner as well as other individuals, in whose favour the aforesaid patta(s) had been duly issued, without conducting any acquisition proceedings or making payment in favour of the petitioner as well as the other persons as compensation. Thereafter, learned counsel submitted that on 02.08.1989, the State took a decision to allot alternate land under the scheme of land for land, to other patta holders, namely Sh. Anoop Chand Jain and Smt. Shakuntala Jain. Accordingly, in pursuance to the order dated 02.08.1989, the UIT Kota , vide order dated 16.10.1989, allotted alternate plot(s) i.e. Plot No. 738-A in Dadabari CAD Circle, Kota to namely, Sh. Anoop Chand Jain and Smt. Shakuntala Jain.

7. Learned counsel submitted that looking to the aforementioned allotment of plot(s) to Sh. Anoop Chand Jain and Smt. Shakuntala Jain, by way of letter dated 25.01.1990 (Annexure-8), the petitioner as well as the other patta holders approached the State Government for the allotment of alternate land under the scheme of allotment of land for the land so acquired by the State. In this regard, it was submitted by learned counsel for the petitioner that relying upon Articles 14, 19 and 21 of the Constitution of India, the petitioner became eligible for allotment of alternate land, when those individuals, who were placed at the same pedestal and were similarly situated to the petitioner, were allotted land by the UIT Kota on 16.10.1989. It was submitted that in pur