Citation : 2025 Latest Caselaw 13501 Raj
Judgement Date : 19 September, 2025
[2025:RJ-JD:42007]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18074/2025
Rawat Ram S/o Shri Kheta Ram, Aged About 63 Years, R/o
Village Khinwsar, P.O. Bhaniyana, Tehsil Pokran, District
Jaisalmer, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary To
Government, Colonization Department, Jaipur
(Rajasthan).
2. The Commissioner, Colonization Department, Bikaner.
3. The Additional Commissioner Colonization Cum Revenue
Appeal Officer, Jaisalmer (Rajasthan).
4. The Allotment Officer And Assistant Commissioner,
Colonization Department, Mohangarh-A, District Jaisalmer
(Rajasthan).
5. The Allotment Officer And Assistant Commissioner,
Colonization Department, Mohangarh-3, District Jaisalmer
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. Binja Ram
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/09/2025
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"It is, therefore, most respectfully prayed that this writ petition may kindly be accepted and allowed and :-
a. By an appropriate writ, order or directions, the respondent no.4 may kindly of directed to comply with the order/judgment dated 11.09.2013 (Ann-7) and make allotment of the land in the favour of the petitioner; b. The respondents may kindly be directed to decide the application of the petitioner (Ann-8) same is pending before
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[2025:RJ-JD:42007] (2 of 3) [CW-18074/2025]
the respondent no. 5, at earliest time bound manner for allotment of land as per order dated 11.09.2013. c. Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper and fact and circumstance of the case may kindly be passed in favour of the petitioner, d. Cost of writ petition may kindly be awarded to the petitioner."
2. Learned counsel for the petitioner submitted that the
petitioner vide order dated 27.12.1999 was allotted a piece of
command land situated at Colonization Tehsil Mohangarh-III,
District Jaisalmer being Chak No.58-S.D., Murabba No.180/34
admeasuring 25 Bighas. He submitted that the command land
allotted to the petitioner was illegally cancelled by the authorities
of the Colonization Department vide order dated 12.04.2002. The
petitioner, being aggrieved by the cancellation of the command
land allotted in his favour, preferred an Appeal No.848/2013, titled
as "Rawatram versus State of Rajasthan & ors." before the Court
of learned Additional Commissioner of Colonization -cum- Revenue
Appellate Authority, Jaisalmer. The learned Appellate Authority,
after hearing the parties and in view of the fact that the command
land allotted to the petitioner being Chak No.58-S.D. was illegally
cancelled, vide order dated 11.09.2013, directed the competent
authority of the Colonization Department to allot an alternate
command land to the petitioner as per the rules.
3. Learned counsel submitted that the order dated 11.09.2013
passed by the learned Appellate Authority, Jaisalmer has already
attained finality. Despite that, till date, the respondent authority
has not allotted an alternate command land to the petitioner as
per the rules and consequently the petitioner is being made run
pillar to post.
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[2025:RJ-JD:42007] (3 of 3) [CW-18074/2025]
4. Heard learned counsel for the petitioner and perused the
material available on record.
5. This Court finds sufficient force in the argument of learned
counsel for the petitioner that despite there being an order dated
11.09.2013 passed by the learned Appellate Authority, Jaisalmer
in favour of the petitioner, the respondents without any valid
reason are sitting tight over the matter and had not allotted the
alternate command land to the petitioner.
6. In that view of the matter, the present writ petition is
dispose of with a direction to the allotting authority of the
respondent department, i.e. the respondent No.4 to look into the
matter immediately and ensure compliance of the order dated
11.09.2013 passed by the learned Appellate Authority, Jaisalmer
in Appeal No.848/2013 by allotting an alternate command land to
the petitioner, as expeditiously as possible, preferably within a
period of 12 weeks from the date of receipt of the certified copy of
the instant order.
5. The stay petition also stands disposed of.
(KULDEEP MATHUR),J 50-Dinesh/-
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