MAHADEO Vs. SOVAN DEVI

JUDGEMENT

(1.) The challenge in the present appeal is to a judgment dtd. 19/4/2021 passed by the High Court of Judicature for Rajasthan whereby the order passed by the learned Single Judge on 13/11/2018 was upheld.

(2.) Shri Bheru Lal while serving as a Sepoy in the Indian Army suffered an injury on the right leg due to mine blast in the Indo-Pak war of 1965 which led to the amputation of his right foot. He was thereafter invalidated out of service.

(3.) The State has framed the Rajasthan Special Assistance to Disabled ExServicemen and Dependants of Deceased Defence Personnel (Allotment of Lands) Rules, 1963 (For short, 'the Rules'). Shri Bheru was a disabled ex serviceman within the meaning of Rule 2(a) of the said Rules. Rule 6 contemplated allotment of land upto 25 Bighas of irrigated or 50 Bighas of unirrigated land. Rule 3 contemplated that these Rules shall apply only to the Government lands falling within the Bhakra, Chambal or Rajasthan Canal Project Colonies and already reserved or to be reserved by notification in the Official Gazette for allotment to the disabled ex-servicemen. Further, Rule 7 contemplated the terms and conditions of allotment. Sub Rule 4 was inserted on 16/2/1967 in Rule 7 which reads thus: