1997 Supreme(Raj) 436
B.R.ARORA, AMRESH KUMAR SINGH
Khema Ram – Appellant
Versus
State of Rajasthan – Respondent
Advocates Appeared:
S.N. Sharma, L.R. Choudhary and K.R. Choudhary, for Appellants; L.S. Udawat, Additional Advocate General, for State S.R. Singhi, L.M. Lodha, Prakash Tatia and Hemant Choudhary, for Respondents
Honble ARORA, J.–This appeal and the appeals mentioned in the Schedule arise out of the judgment dated 14.1.97 passed by the learned Single Judge, by which the learned Single Judge struck down the proviso to Clause (viii) of Sub-rule (5) of Rule 13-A of the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 and held that these rules shall apply to all the allottees inclusive of the allottees prior to the date the amended Rules, 1996 were brought into force. The learned Single Judge further observed that the order of cancellation of the allotment under the proviso to Clause (iii) of sub-rule (5) of Rule 13-A of the Rules, 1975 shall be passed after giving an opportunity of hearing to the allottees and sub-rule (5) of Rule 13-A shall come into opera- tion from the date the order under proviso to Clause (iii) of Sub-rule (5) of Rule13-A is passed.
(2). Since the facts and the controversy raised in all these appeals are the same, all these appeals are, therefore, disposed of by this common judgment.
(3). The appellants in pursuance to the Notification issued by the State Govern- ment in the year 1992 inviting applications for Spe
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