GEMARDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions are directed against order dt. 13.3.12 of Additional Commissioner, Colonisation (Vigilance), - Bikaner whereby the special allotment of the land made in favour of 202 allottees by the Allotment Committee under the provisions of Section 13 -A (Sic Rule 13 -A) of Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975, have been declared null and void and the directions have been issued to take fresh proceedings for allotment in accordance with the provisions of the Rules of 1975 and the instructions issued by the State Government in this regard. The petitioners have also questioned the validity of order dt. 2.7.12 issued by the Assistant Commissioner, Colonisation, IGNP, Kolayat rejecting the petitioners applications for special allotment pursuant to the decision of the Allotment Advisory Committee. The relevant facts are that the State Government issued notification for sale of the specified lands by way of special allotment to the persons who are eligible for such allotment in order of preference given in sub -rule (1) of Rule (Sic?) of the Rules. The petitioners applied for allotment of the land in the proforma prescribed to the Allotting Authority giving details of the land applied for out of the lands notified by the State Government for allotment as aforesaid. The applications preferred by the petitioners stand rejected vide separate order dt. 2.7.12 issued by the Assistant Commissioner, Colonisation, IGNP Kolayat in respect of the application preferred by each of the petitioners on the basis of the report submitted by the Additional Commissioner, Colonisation (Vigilance), Bikaner after due inquiry in respect of irregularities alleged to have been committed in entertaining and dealing with the applications preferred for special allotment

(2.) LEARNED counsel for the petitioners submitted that the applications were preferred by the petitioners for allotment in conformity with the provisions of the Rules. It is submitted that no defect in the applications was ever pointed out to the petitioners. Learned counsel submitted that on account of irregularities committed by officials of the Department of Colonisation, the petitioners applications could not have been rejected. Learned counsel submitted that if the process of allotment is to be taken afresh then only the application, already made should be considered for allotment

(3.) IT is to be noticed on a complaint being received regarding the illegalities and irregularities having been committed by the authorities of the Department of Colonisation so as to extend undue favour to. chosen few aspirant for allotment. After due inquiry, the Additional Commissioner, Colonisation (vigilance) has arrived at a categorical finding that the date fixed vide notification dt. 24.11.09 for making applications for allotment of the land was time to time extended and the last notification in this regard was issued on 5.2.10. However, on 10.2.10, a public notice was issued whereby the date for submission of the applications was further extended to 15.2.10. The said authority arrived at a categorical finding that the publication of notice extending the date as aforesaid was not widely made yet, the maximum applications 1812 in number was received only on 15.2.10. That apart, a series of irregularities were found in processing the applications.