Roop Kanwar vs State And Ors (2024:Rj-Jd:41063)
2024 Latest Caselaw 8830 Raj

Rajasthan High Court - Jodhpur

Roop Kanwar vs State And Ors (2024:Rj-Jd:41063) on 8 October, 2024

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2024:RJ-JD:41063]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 975/2017

Roop Kanwar W/o Shri Dharam Narayan Singh, R/o Plot No. 166, Hanwant A Bjs Colony, Jodhpur, Rajasthan

----Petitioner Versus

1. The State Of Rajasthan Through The Secretary, Revenue/ colonisation, Government Of Rajasthan, Jaipur, Rajasthan

2. Commissioner, Colonization Department, I.g.n.p., Bikaner, Rajasthan

3. Allotment Officer Cum Additional Commissioner, Colonization Department, I.g.n.p., Bikaner, Rajasthan

----Respondents

For Petitioner(s) : Mr. Avinash Acharya For Respondent(s) : Ms. Jaya Dadhich

JUSTICE DINESH MEHTA

Order

08/10/2024

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by a

judgment dated 12.03.2014 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.

2. Ms. Dadhich, learned counsel for the respondents submits

that the petitioner has approached this Court belatedly and hence,

no indulgence be granted.

3. In considered opinion of this Court, since the matter relates

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

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

[2024:RJ-JD:41063] (2 of 2) [CW-975/2017]

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

is ex-servicemen/his legal representatives, should not be treated

to be a fatal.

4. 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."

5. The stay application also stand disposed of accordingly.

(DINESH MEHTA),J 498-raksha/-

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