KAILASH KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Smt. Kailash Kanwar was allotted land in Murba No. 7/49 for a total sum of Rs. 1,36,933/- by an order dated 20. 10. 1995 in ten equal yearly instalments. Immediately she deposited 10% of the total amount i. e. Rs. 13,694/- on 23. 7. 97. On depositing the said amount, the allotting authority passed an order of allotment in her favour on 24. 7. 97 (Annex. 1 ). THEreafter, she continued to deposit the amount of yearly instalment. However, a circular dated 4. 2. 1995 was recalled on 12. 3. 1996 as stated in the impugned notice at Annex. 4 issued by the respondent no. 3-Tehsildar Colonisation and the petitioner was asked to deposit the balance amount in three instalments failing which her allotment shall be cancelled. Lateron, by a letter dated 28. 2. 2000 (Annex. 6) the petitioner was informed that earlier allotment of land was made in her favour for Rs. 1,36,933/-, but the same has been increased to Rs. 1,57,286/- in view of the report of A. G. Committee. THE petitioner has, therefore, challenged the notice at Annex. 4 and 6 by way of this petition.

(2.) LEARNED counsel Shri Sharma raised two contentions in this petition : (i) the respondents cannot raise the amount unilaterally and (ii) the respondents cannot compel the petitioner to pay the remaining balance amount immediately instead of ten instalments. Second point is squarely covered in favour of the petitioner by a judgment of this Court which is delivered today i. e. 24. 4. 2000 in S. B. Civil Writ Petition No. 364/2000 and allied matters.