Smt. Sita Devi vs State Of Rajasthan (2023:Rj-Jd:40437)
2023 Latest Caselaw 10036 Raj

Citation : 2023 Latest Caselaw 10036 Raj
Judgement Date : 23 November, 2023

Rajasthan High Court - Jodhpur

Smt. Sita Devi vs State Of Rajasthan (2023:Rj-Jd:40437) on 23 November, 2023

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2023:RJ-JD:40437]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17269/2019

Smt. Sita Devi W/o Late Shri Mangi Lal (Ex-Serviceman Of Bsf),
Aged About 62 Years, B/c Rav, Resident Of Outside Of Nathosar
Gate, Bhatton Ka Bass, Bikaner Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Secretary To The
         Colonisation Department, Secretariat, Jaipur.
2.       Additional Commissioner, Colonisation (Administration),
         Jaisalmer, Rajasthan.
3.       Allotting   Authority         And        Additional       Commissioner
         Colonisation, Bikaner.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Girish Kumar Sankhla
For Respondent(s)         :     Mr. Dinesh Kumar Joshi



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/11/2023

Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by a

judgment dated 12.3.2014 passed by this Court in the case of

Sajjan Kanwar Vs. State of Rajasthan & Ors., which has been

affirmed by the Division Bench in DBSAW No.1007/2015, decided

on 22.3.2017.

Mr. D. K. Joshi, learned counsel for the respondents submits

that the petitioner has approached this Court belatedly and hence,

no indulgence be granted to her.

In considered opinion of this Court, since the matters relate

to allotment of land to the ex-servicemen, it was rather the duty

[2023:RJ-JD:40437] (2 of 2) [CW-17269/2019]

of the respondents to allot the land in accordance with law. Delay

in such cases, particularly when, the petitioner before this Court is

ex-servicemen/their legal representatives, should not be treated

to be a fatal.

Following the judgment of Sajjan Kanwar (supra), operative

portion thereof is quoted hereunder, the present writ petition is

also allowed in the same terms:

"The upshot of the above discussion is that the instant writ petition is allowed, the impugned order dated 19th of December 2007 (Annex.R/3) is set aside and the respondents are directed to allot land to the petitioner as per the proposal made in the notice/letter dated 28th of December 2004 and handover possession to her, subject to her completing all the requisite formalities in accordance with law. The requisite exercise in this behalf be undertaken by the respondents as expeditiously as possible, preferably within a period of three months from the date of production of the certified copy of this order."

The stay applications also stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 243-SanjayS/-