HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI,
SANDEEP SHAH
RAMESH CHAND ALIAS RAMESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SAW / 1374 / 2025
[2026:RJ-JD:7301-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1374/2025 Ramesh Chand Alias Ramesh S/o Nagu Ram, Aged About 41 Years, Resident Of Kheeya, Colonization Tehsil Mohangarh No. 2, District Jaisalmer (Raj.).
----Appellant Versus
1. State Of Rajasthan, Through Principal Secretary, Revenue And Colonization Department, Rajasthan, Jaipur, Having Its Office At Secretariat Jaipur.
2. Commissioner Colonization, Bikaner Having Its Office At Jaipur Road, Jai Narayan Vyas Colony, Bikaner, Rajasthan
334003.
3. Deputy Commissioner Colonization, Having Its Office At Myazlar Road, Union Choraha, District Jaisalmer.
4. Assistant Commissioner Colonization, Mohangarh No. 2/b, Colonization Tehsil Mohangarh No. 2/b, District Jaisalmer.
5. Colonization Tehsildar, Mohangarh No. 2/b, District Jaisalmer.
----Respondents For Appellant(s) : Mr. Manas Ranchhore Khatri For Respondent(s) : Mr. Ayush Gehlot for Mr. Rajesh Panwar, Sr. Adv. & AAG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/02/2026
1. The appellant has preferred this appeal with the following prayers:-
“It is, therefore, respectfully prayed that this appeal preferred by the Appellant may kindly be allowed in toto and the impugned order dated 17.09.2025 issued by the learned Single Bench of this Hon’ble Court in S.B. Civil Writ Petition No.17800/2025 may kindly be quashed and set aside and the writ petition as well as they stay petition filed by the appellant-
petitioner may kindly be allowed in toto.
Any other order which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of Appellant.”
2. Learned counsel for the appellant submits that in the category of landless persons, his applications are pending since 2004 but require consideration yet to be made. Learned counsel for the appellant submits that such long pendency itself is a sufficient cause of action for him to approach this Hon’ble Court.
3. Mr. Ayush Gehlot, learned counsel for the respondent submits that as per the Rajasthan Colonization (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975, there is an express statutory prioritization scheme for allotment of Government land which falls under Rule 7(1). Rule
7(1) reads as follows:-
“Rule 7(1) - Priorities for allotment of Government land under these rules shall be in the following order :-
(a) Temporary cultivation lease holders;
[Provided that the temporary cultivation lease holder of the district in which the land to be allotted, is situated, shall be given first priority in allotment.]
(b) A landless person of the same village;
(c) A landless person of the same Colonisation Tehsil/Revenue Tehsil;
(d) A landless person of the same District or under the Antyoday Scheme of the State Government, or as a beneficiary of the Integrated Rural Development Programme, who has worked for two years as paid labourer of the State Government in the construction of the Indira Gandhi Canal or in the development works connected with its command area, after he is so identified;
(e) Agriculture Graduates, ex-servicemen, experator of Indira Gandhi Canal and Bhakra Landless persons for the areas reserved for them;
(f) Landless persons of the neighbouring district.
(g) Landless persons of any other districts of Rajasthan excluding the persons mentioned in clause (h).
(h) Landless persons of Colonised Part of Tehsils belonging to area covered by Major and Medium Irrigation Project.”
4. This Court, on the limited consideration that the appellant’s application is pending since 2004 and is admittedly alive and pending, requires time bound consideration and thus the present appeal is disposed of with a direction to the respondents to consider the application of the appellant which is alive and pending as per the State’s own stand, in a time bound manner while prioritizing the same in accordance with Rule 7(1). The consideration shall be made by speaking o
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