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Rajasthan High Court - Jodhpur
Phulo Devi vs The State Of Rajasthan ... on 13 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:8254]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3093/2026
1. Phulo Devi W/o Late Shri Ghewar Ram, Aged About 68
Years, R/o Bamaniya Ki Dhani, Dalpat Nagar, Post Khirja
Khas, Tehsil Shergarh, District Jodhpur, Rajasthan.
2. Oma Ram S/o Late Shri Ghewar Ram, Aged About 48
Years, R/o Bamaniya Ki Dhani, Dalpat Nagar, Post Khirja
Khas, Tehsil Shergarh, District Jodhpur, Rajasthan.
3. Chaina Ram S/o Late Shri Ghewar Ram, Aged About 41
Years, R/o Dalpat Nagar, Post Khirja Khas, Tehsil
Shergarh, District Jodhpur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Principal Secretary To
Government, Colonization And Sainik Kalayan
Department, Jaipur, Rajasthan.
2. The Allotment Officer And Additional Commissioner,
Colonization Department, Bikaner, Rajasthan.
3. The Additional Commissioner, Colonization Department,
Jaisalmer, Rajasthan
4. The Tehsildar, Colonization Tehsil Mohangarh-2, District-
Jaisalmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Binja Ram
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/02/2026
1. By way of filing the present writ petition, the petitioner has
prayed for the following reliefs:-
"It is, therefore, most respectfully prayed that:-
a. The writ petition may kindly be allowed;
b. the respondent no.2 may kindly be directed to allot the
other alternative land which is suitable for irrigation and
cultivation in the exchange of earlier allotted land in the
favour of the petitioners being spouse/legal heirs of the ex-
serviceman of India Army (Late Shri Ghewar Ram) and to
hand over the possession;
c. The respondent no.2 may also be directed to consider the
ex-change proposal dated 26.06.2025 (Ann-5) which has
been made by Colonization Tehsildar Mohangarh No.2, as
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early as possible as per law and allot the land at the rates
prevailing at the time of when first allotment was made to
the husband/father of the petitioners in favour of petitioners
being spouse/legal heirs of the ex-serviceman of India Army
(Late Shri Ghewar Ram) and hand over the possession;.
d. In alternate without prejudice to the above,the
respondents be directed to allot any other piece of land in
favor of the petitioner at the rates prevailing at the time of
when first allotment was made to the husband of the
petitioner.
e. Also in mare alternate without prejudice to the above, if
in case, the fresh allotment or in exchange of land earlier
allotted, the other land could not be given to petitioner, then
possession be also ordered to given to the petitioner and
respondent no. 5 and 6 being spouse/legal heirs of the ex-
serviceman of India Army (Late Shri Ghewar Ram) of the
land earlier allotted to the father of the petitioner by
allotment order dated 4.2.1986(Ann-1).
f. Any other appropriate 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.
g. Cost of writ petition may kindly be awarded to the
petitioner."
2. Learned counsel for the petitioners submitted that the father
of the petitioners, Late Shri Ghewar Ram, was allotted land by the
Colonization Department under the ex-serviceman category. After
his demise, the land was entered in the names of the petitioners
in the revenue records. However, since the land is situated close
to the international border and is subject to regular Army
activities, physical possession thereof could not be handed over to
the petitioners.
3. Learned counsel further submitted that in these
circumstances, the Colonization Tehsildar, Mohangarh No. 2, vide
communication dated 26.06.2025 addressed to the Additional
Commissioner, Colonization Department, Bikaner, requested for
exchange of the land and accordingly forwarded an exchange
proposal. The grievance of the petitioners is that despite the said
communication dated 26.06.2025 having been sent to the office of
the Additional Commissioner, Colonization, Bikaner, no action has
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been taken thereupon. Consequently, the petitioners have been
deprived of cultivating the land originally allotted in the year 1986.
4. After hearing learned counsel for the petitioners and upon
perusal of the documents placed on record, this Court deems it
just and proper to dispose of the present writ petition with a
direction to the Additional Commissioner, Colonization
Department, Bikaner, to consider and pass appropriate orders on
the communication dated 26.06.2025 received from the office of
the Colonization Tehsildar, Mohangarh No. 2, within a period of
four weeks from the date of production of a certified copy of this
order.
5. It is made clear that in case, after considering the matter, an
order adverse to the interest of the petitioners is passed by the
Additional Commissioner, Colonization Department, Bikaner, the
petitioners shall be at liberty to challenge the said order before
the appropriate legal forum in accordance with law.
6. It is further clarified that the aforesaid direction has been
issued only with a view to ensure expeditious redressal of the
petitioners' grievances and shall not be construed as an
expression on the merits of the exchange proposal dated
26.06.2025.
7. With the aforesaid directions, the instant writ petition as well
as the stay application stand disposed of.
(KULDEEP MATHUR),J
15-sonia/-
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