Rajasthan High Court - Jodhpur
Lrs Of Ladu Singh vs State Of Rajasthan on 25 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1485/2020
1. Lrs Of Ladu Singh, Through-
1/1. Lrs Of Ram Singh S/o Late Ladu Singh, Through-
1/1/1 Salab Kanwar W/o Late Ram Singh, Aged About 59
Years, Dhani Rela Ki, Village Kakroli, Rajnauta Tehsil
Kotputli, District Jaipur, Rajasthan.
1/1/2. Ravindra Singh S/o Late Ram Singh, Aged About 28
Years, Dhani Rela Ki, Village Kakroli, Rajnauta Tehsil
Kotputli, District Jaipur, Rajasthan.
1/1/3. Rina Kanwar D/o Late Ram Singh W/o Bhairu Singh, Aged
About 28 Years, Rajpoot Mohalla, Village Khardiya,
District Nagaur, Rajasthan.
1/2. Bhawani Singh S/o Late Ladu Singh, Aged About 57
Years, Dhani Rela Ki, Village Kakroli, Rajnauta Tehsil
Kotputli, District Jaipur, Rajasthan.
1/3. Lrs Of Rajveer Singh S/o Late Ladu Singh, Through-
1/3/1. Saroj Kanwar W/o Late Rajveer Singh, Aged About 47
Years, Dhani Rela Ki, Village Kakroli, Rajnauta Tehsil
Kotputli, District Jaipur, Rajasthan.
1/4. Mukesh Singh S/o Late Ladu Singh, Aged About 46 Years,
Dhani Rela Ki, Village Kakroli, Rajnauta Tehsil Kotputli,
District Jaipur, Rajasthan.
1/5. Vimla D/o Late Ladu Singh W/o Sawai Singh, Aged About
55 Years, 15, Mithala Vihar 2Nd, Jagatpura, Jaipur,
Rajasthan.
1/6. Murti D/o Late Ladu Singh W/o Gokul Singh, Aged About
52 Years, 15, Mithala Vihar 2Nd, Jagatpura, Jaipur,
Rajasthan.
1/7. Savita D/o Late Ladu Singh W/o Ajit Singh, Aged About
37 Years, Rajpoot Mohalla, Village Khardiya, Nava,
District Nagaur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary To
Government, Colonization And Sainik Kalayan
Department, Jaipur (Rajasthan).
2. The Allotment Officer And Add. Commissioner,
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Colonization Department, Bikaner (Rajasthan0
----Respondents
For Petitioner(s) : Mr. Binja Ram
For Respondent(s) : Mr. Dinesh Joshi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/03/2021
In wake of onslaught of COVID-19, abundant caution is
being taken while hearing the matters in Court.
Learned counsel for the parties jointly submit that the
controversy involved in the present writ petition is no more res-
integra, as it is covered by the judgment rendered by this Court in
the case of LRs of Darshan Singh & Ors. Vs. State of
Rajasthan & Anr. (S.B. Civil Writ Petition No.17666/2019),
decided on 28.01.2020. The order dated 28.01.2021 reads as
under :-
"This writ petition has been filed by the petitioners
claiming themselves to be the legal representatives of
an ex-serviceman and claiming allotment under the
provisions of Rajasthan Colonization Act, 1954 ('Act of
1954')/Rajasthan Colonization (Allotment and Sales of
Government Land in the Indira Gandhi Canal Colony
Area) Rules, 1975 ('Rules of 1975').
Various submissions have been made in the petition
regarding the allotment having been made to the ex-
serviceman, who has died, however, the allotment has
not fructified and their claim to get the land in question
allotted.
Learned counsel for the respondent- state has brought
to the notice of the Court a Notification dated
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10.12.2019, wherein, Clause-(xii) has been added to
Rule 12A of the Rules of 1975, which reads as under:-
"(xii) Where an ex- ervicemen submitted an application
for allotment of land under this rule and his application
is accepted for allotment but applicant has died before
the issue of allotment order or handing over the
possession of allotted land to him, the allotment order,
if not already issued, shall be issued and in case already
issued, a revised allotment order shall be issued in
favour of his spouse or in case his spouse not alive in
favour of his legal heirs. In such case, before issue of
such order or revised order, a notice shall be issued
informing the fact of the death of the applicant and
inviting claims from the legal heirs before a date fixed in
such notice. Wide publicity shall be given to the notice
and copy of notice shall be affixed on notice board of
the office of Allotting Authority. The notice shall be sent
to the concerned Zila Sainik Kalyan Board, it shall affix
it on its notice board as also on the residence of the
deceased applicant. It shall also be published in at least
two state level newspapers having wide circulation in
the State and the website of the Department. The
claims shall be decided by the Allotting Authority in
consultation with the Advisory Committee."
In view of the amendment made in the Rules,
submissions have been made that the respondents have
already initiated action based on the amended provisions
and that the petitioners may approach the allotting
authority, who will take into consideration the case of
the petitioners and after following the due procedure, in
case the petitioners are found entitled, the allotment
shall be made to them.
In view of the above amended provisions and the
submissions made by learned counsel for the
respondents, the petition filed by the petitioners is
disposed of with the directions to the allotting authority
to follow the procedure as prescribed under Clause-(xii)
of Rule 12-A of the Rules of 1975 and deal with the
representation/application of the petitioners
appropriately.
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The petitioners may approach the allotting authority
preferably within a period of four weeks and it is
expected of the allotting authority to deal with the cases
of the petitioners expeditiously and preferably within a
period of four months from the date the petitioners
approach the respondents."
In light of the afoerquoted judgment, the present writ
petition is disposed of in the same terms.
All pending applications stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
7-Sudheer/-
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