The court mandated timely decisions on pending applications for Khatedari rights, emphasizing fair hearing for all parties involved.

ORDER :

1. Heard learned counsel for the parties.

2. The present writ petitions are based on similar facts and the nature of dispute in the cases are similar as well, therefore, they are being disposed of by this common order.

3. For brevity, the facts of S.B. Civil Writ Petition No.12590/2024 are taken into consideration.

4. Briefly noted the facts involved in the present case are that the petitioner is an allottee/purchaser of certain land, which was allotted to her by the competent authority in the year 1987 invoking the provisions of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (hereinafter referred to as the ‘Rules of 1975’). The petitioner, who has been allotted the land, was originally in possession of a piece of land situated in Mahajan Field Firing Range. Due to the establishment of Mahajan Field Firing Range, the petitioner was required to vacate the land of that area and in order to compensate her dispossession from the Mahajan Field Firing Range, another allotment of land was made in her favour in the Chattargarh area (Khajuwala & Pugal areas in other connected matters) under the Rules of 1975.

After the allotment being made in favour of the petitioner, the Forest Department raised a claim over the said land, resulting into a dispute between the allottee of the land, Department of Forest and the State Government and this was the subject matter of a writ petition filed before this Court, being S.B. Civil Writ Petition No.3807/1992, which was allowed by this Court in favour of the allottee vide order dated 27.05.1993. The order of the learned Single Judge was assailed by the Forest Department of the Government of Rajasthan before the Division Bench, by way of filing a D.B. Civil Special Appeal No.323/2000, however, the same was also dismissed by the Division Bench vide judgment dated 11.05.2000. This judgment of the Division Bench was further assailed by the Forest Department before the Hon'ble Supreme Court and the Hon'ble Supreme Court, vide its judgment dated 26.03.2001, dismissed the Special Leave Petition filed by the Forest Department and affirmed the orders dated 27.05.1993 & 11.05.2000 passed by the Single Bench and the Division Bench of this Court respectively.

Thereafter, the State Government, after examining the entire matter, had taken a decision on 10.10.2014 that the judgment rendered in the cases of Rup Ram vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3807/1992) and State of Rajasthan & Ors. vs. Teeja Devi & Ors. (D.B. Civil Special Appeal No.323/2000) will be treated as 'judgments in rem' and all those persons, who are similarly situated would be extended the same benefit. The petitioner, in these circumstances, continued with the possession of the land in question and approached the respondents by way filing an application for grant of Khatedari rights, however, the same has not been granted/decided in her favour till date. Hence, the present writ petition has been filed.

5. Learned counsel for the petitioners submit that despite lapse of more than two decades, the applications/cases for grant of Khatedari rights to the petitioners are pending consideration before the Assistant Commissioner, Colonisation, of Chattargarh, Khajuwala and Pugal area. Learned counsel for the petitioners, therefore, pray that the Assistant Commissioner, Colonisation of Chattargarh, Khajuwala and Pugal area may be directed to decide the pending applications/cases of the petitioners for grant of Khatedari rights, keeping in mind the decision taken by the State Government on 10.10.2014. Learned counsel for the petitioners further pray that the petitioners may be permitted to file additional documents before the Assistant Commissioner, Colonisation, of Chattargarh, Khajuwala and Pugal area to establish the fact that their cases are similar and akin to the cases of Rup Ram (supra) and Teeja Devi (supra).

6. Mr. J.K. Mishra, learned counsel for the Fo