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2026 Supreme(Raj) 757

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI, J.
Hans Kunwar Shikshan Sansthan, Varman, Moja Vasan S/o Shri Nathu Singh – Petitioner
Versus
The State of Rajasthan, Through Secretary – Respondent
S.B. Civil Writ Petition No. 17725 of 2026
Decided On : 26-09-2026

Advocates appeared:
For Petitioner(s): Mr. Sunil Joshi. Mr. M.S. Deora. Mr. Abhijeet Charan
For Respondent(s): Mr. S.R. Paliwal, GC Mr. J.P. Bhardwaj. Mr. Jogendra Singh

Order

NUPUR BHATI, J.

1. The instant writ petition has been filed with the following prayer:

“i. The show-cause notice dated 20.01.2026 (Annexure 17) issued by respondent no. 3 District Collector, Sirohi may kindly be declared illegal and be quashed and set aside;

ii. The impugned order dated 20.07.2026 (Annex.18} passed by the respondent no. 3 may kindly be declared illegal and the same may be quashed and set aside.

iii. The respondent authorities may kindly be restrained from . taking coercive action against the petitioner and possession of the land in question from the petitioner pursuant to the impugned order dated20.07.2026;

iv. The letter / order dated 25.10.2025 issued by the respondent no.2 may kindly be ordered to be taken on record, as the same has never been supplied to the petitioner society, but has been referred in the impugned order dated 20.07.2026 on the basis of which the impugned order has been passed, else if the respondent filed by way of reply or otherwise, the same may be taken be questioned and set aside.

xxx xxx xxx”

2. Brief facts of the case are that the petitioner-Society applied for allotment of government land under the Conditions for Allotment of Unoccupied Government Land, Agricultural Lands for Construction of Schools, Colleges, Dispensaries, Dharamshalas and Other Buildings of Public Utility, 1963, for establishment of an educational institution. The State Government accorded sanction vide communication dated 03.01.2022, pursuant to which the District Collector, Sirohi allotted the land in favour of the petitioner vide order dated 31.01.2022. The petitioner deposited the entire consideration amount, got the lease deed executed and registered, obtained possession and mutation of the land in its favour and obtained an electricity connection. It is the case of the petitioner that, acting upon the allotment, it invested substantial funds, including financial assistance of approximately Rs.80 lakhs from Punjab National Bank, and completed construction of the college building along with the requisite infrastructure and furnishings, with the total investment exceeding Rs.1.68 crores. The allotted land was also mortgaged in favour of Punjab National Bank. According to the petitioner, although the institution was fully prepared to commence its educational activities, the college could not be started as the requisite permission for establishment and operation of new colleges had been suspended by the Commissioner, College Education, Rajasthan, and thus the non-commencement of the college was not attributable to any default on the part of the petitioner. In the meantime, the allotment was challenged by Gram Panchayat Vasan before the Divisional Commissioner, Jodhpur. The proceedings were subsequently remanded by the Board of Revenue, Ajmer to the Divisional Commissioner and are stated to be pending. Thereafter, the District Collector, Sirohi issued a show-cause notice dated 20.01.2026, alleging breach of Condition No.3 of the allotment order, purportedly on the basis of communication dated 08.10.2025 issued by the Deputy Secretary, Revenue Department. The petitioner contends that the said communication was never supplied to it and, despite its explanation that the college could not be commenced for want of requisite permission from the competent educational authorities, the District Collector proceeded to cancel the allotment vide order dated 20.07.2026. Aggrieved thereof, the petitioner has approached this Court contending that the impugned order has been passed without supplying the foundational document relied upon by the authorities, without conducting an independent inquiry or properly considering the petitioner's explanation, and in violation of the principles of natural justice. The petitioner has further contended that, having regard to the execution and registration of the lease deed, delivery of possession, mutation, substantial investment, creation of infrastructure and mortgage of the land in favour

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