HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ No. 3303/2011

Karmabai Mahila Shiksha Avam Gramin Vikas Manav Seva

Sansthan, Osian.

----Petitioner

Versus

State Revenue & Ors.

----Respondents

For Petitioner(s)

:

Mr.Sunil Beniwal.

For Respondent(s)

:

Mr.O.P.Boob, Govt.Counsel.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

26/09/2018

By way of this writ petition under Article 226 of the

Constitution of India, the petitioner institution has approached this

Court with the following prayers:

“It is, therefore, most humbly and respectfully prayed that

record of the case may kindly be called for and by an

appropriate, writ, order or direction;

(i)

Writ petition of the petitioner may kindly be

allowed with costs.

(ii)

The impugned order dated 03-03-11 (Annexure

P-22) passed by the respondent No. 3, district

collector, Jodhpur may be quashed and set

aside qua the petitioner.

(iii)

That the impugned order dated 03-09-09

(Annexure P-20) passed by the respondent

No.2, Principal, Department of Revenue, Govt.

of Rajasthan may be quashed and set aside

qua the petitioner.

(iv)

The respondents may be directed to issue the

allotment letter in favour of the petitioner

society of the 12 bighas land allotted to the

petitioner in Khasra No. 1885 and 1887.”

Facts in brief are that the petitioner institution, a society

which has been constituted with the aim of upliftment of the

educational status of girls, applied for allotment of 100 bighas of

land for establishment of various facilities so as to subserve the

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[CW-3303/2011]

objectives of the society. The application submitted by the

petitioner to the Revenue Minister was forwarded to the District

Collector, Jodhpur who, in turn, sought report from the Tehsildar

Osian after inspection and investigation of the suggested site. The

Patwari prepared a proposal report dated 24.6.2008 opining that

12 bighas of Gochar land could be allotted to the petitioner after

setting apart identical chunk of land for Gochar purposes. The

proposal of the Patwari was approved by the Gram Panchayat

Osian. The District Collecor forwarded the requisite documents

with his recommendations to the State Government which

approved allotment of the land ad-measuring 12 bighas to the

petitioner soecity at 50% of DLC rate in the khasras Nos.1885 and

1887 of Village Gram Panchayat Osian under the Rajasthan Land

Revenue Rules, 1963. The society was asked to deposit a sum of

Rs.1,08,575/- so that proceedings could be carried further. The

petitioner deposited the initial charges to the tune of

Rs.1,08,575/- in the govt. treasury but the allotment letter was

not forthcoming. It appears that while the petitioner was pursuing

the matter with the authorities, the ruling party in the State

Government changed hands. The petitioner society filed an

application under the Right to Information Act and it received a

copy of the letter dated 20.12.2010 forwarded by the Deputy

Secretary, Department of Revenue, Govt. of Rajasthan to the

District Collector, Jodhpur. Alongwith the letter, minutes of the

Cabinet Sub Committee meeting dated 15.6.2009 and 2.7.2009

were annexed as per which, the allotments made to various

societies alike the petitioner were cancelled without assigning any

reasons whatsoever. Thereafter, the petitioner received the

impugned order dated 3.3.2011 (Annex.P-22) intimating it that

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[CW-3303/2011]

the allotment of 12 bighas of land made to it was being cancelled.

The said order is assailed by the petitioner through this writ

petition filed under Article 226 of the Constitution of India.

The respondents have filed a reply virtually admitting all the

averments made in the writ petition but the only substantial plea

which is raised to counter the petitioner’s prayer is that the land

allotted to the petitioner is still recorded as Gochar l