Rajasthan High Court - Jodhpur
Man Singh vs State Of Rajasthan on 17 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13358/2019
1. Man Singh S/o Late Shri Mam Chand, Aged About 45
Years, By Caste Jat, Resident Of Jherili, Tehsil Surajgarh
(Chidwa), District Jhunjhunu.
2. Mool Chand S/o Late Shri Mam Chand, Aged About 40
Years, By Caste Jat, Resident Of Jherili, Tehsil Surajgarh
(Chidwa), District Jhunjhunu.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Colonization, Government Of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. The Commissioner, Colonization, Rajasthan, Bikaner.
3. Allotment Officer-Cum-Additional Colonization
Commissioner, Department Of Colonization, Bikaner.
----Respondents
For Petitioner(s) : ---
For Respondent(s) : Mr. Dinesh Kumar Joshi, Addl. GC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the respondent fairly submits that the
controversy can be decide in light of the judgment rendered by
this Hon'ble Court in the matter of Hari Singh & Ors. Vs. State of
Rajsathan & Ors. (S.B.Civil Writ Petition No.2944/2020), decided
on 08.07.2020. The order dated 08.07.2020 reads as follows:
"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
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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- tate has brought to
the notice of the Court a Notification dated 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-servicemen 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
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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.
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 aforequoted judgment and as per the
averments made by learned Additional Government Counsel, the
present writ petition is disposed of on the same terms.
Accordingly, the petitioner 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 petitioner
expeditiously and preferably within a period of four months from
the date the petitioner approaches the respondents.
Stay petition as well as all pending applications also stand
disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
120-/sudheer//-
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