Smt. Reva vs State Of Rajasthan
2022 Latest Caselaw 3450 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3339/2022

Smt. Reva W/o Amar Singh, Aged About 37 Years, By Caste Rajput, Resident Of Village Sankhla, Tehsil Mohangarh, District Jaisalmer

----Petitioner Versus

1. State Of Rajasthan, Through Tehsildar Colonization, Mohangarh B District Jaisalmer

2. Board Of Revenue, Through Its Registrar, Ajmer

3. Revenue Appellate Authority, Jaisalmer

4. Assistant Commissioner Colonization, Mohangarh B, District Jaisalmer

----Respondents

For Petitioner(s) : Mr. Anil Kumar Singh

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/03/2022

Learned counsel for the petitioner has submitted that the

respondents have notified the land of Murbba No.236/18 of Village

24 LLB, Tehsil Mohangarh-2 measuring about 25 Bighas for

allotment to the eligible person. Pursuant to that, on 27.06.2006,

the petitioner applied for the same and deposited the requisite

fees however, later on, when she approached the authorities

concerned, she was informed that as the land is not notified in the

Gazette, the same cannot be allotted to her. It is further submitted

that the petitioner then approached the appropriate authorities

and the land in question was notified in the Official Gazette vide

notification dated 09th August, 2007, thereafter, the petitioner was

(2 of 2) [CW-3339/2022]

asked by the authorities concerned to deposit 20% of the reserve

amount and pursuant to that, she deposited the same on

01.10.2007.

Despite the above facts, when the land in question was not

allotted to the petitioner, she approached the Additional

Commissioner Colonization, Mohangarh B, District Jaisalmer, who

vide order dated 09.08.2008 directed the allotting authorities to

consider the application of the petitioner for allotment and if she is

found eligible, the same may be allotted in her favour. Thereafter,

the respondent- State filed review application before the said

authority, and the said review application came to be allowed on

20.07.2009 while holding that as the petitioner has applied for

allotment of the land in question prior to its notification in the

Gazette, the same cannot be allotted to her.

Learned counsel for the petitioner has argued that as a

matter of fact the petitioner has deposited 20% of the reserve

amount after the land in question was notified in the Gazette and,

as such, her application for allotment of the land in question is

illegaly rejected.

Issue notice. Issue notice of stay application also. Notices

are made returnable on 6th April, 2022.

In the meantime, status quo as it exists today with regard to

land in question shall be maintained by the parties.

(VIJAY BISHNOI),J 70-Arun/-

Powered by TCPDF (www.tcpdf.org)