RUP RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions mentioned in Schedules A and B are disposed of by this common order as they involve common question of law and facts. However, for the convenient disposal of all these writ petitions, the facts given in the case of Rup Ram and Ors. v. State of Rajasthan and Ors. (S.B. Civil Writ petition No. 3807 of 1992) are taken into consideration.

(2.) THE petitioners by this writ petition have prayed that the respondents may be directed to give possession of the land in dispute to the petitioners which is shown in the Schedule appended to the writ petition. The petitioners have further prayed that the respondents may be directed not be allot this land to any other persons till the decision of the writ petition.

(3.) THE Government of Rajasthan published in the Rajasthan Gazatte dated 5.1.1001 that land to be allotted by way of special allotment. The correct copy of the Gazette notification dated 5.1.1991 has been placed on the record as Annex. 1. All the petitioners have filed applications for allotment of land to them under special allotment. After detailed enquiry the Allotting Authority i.e. Assistant Colonization Commissioner, Bikaner accepted the applications of the petitioners and passed the allotment orders in favour of the petitioners. Copies of the allotment letters have been placed on the record as Annexs. 2/1 to 2/12. In pursuance of this, the petitioners deposited 35% of the total price. But the remaining 65% amount was to be deposited in 6 instalments. The first instalment was to start from the date of possession and every instalment was to be paid of possession every instalment was to be paid after six months thereafter. Rs. 500/ - was deposited as earnest money adjustable against the last instalment. The petitioners have completed all the formalities required on their part but the possession of the land in dispute was not given to the petitioners. Meanwhile, the State Government put. a ban on the special allotment and stayed all the proceedings. All these proceeding remain stayed upto 13.5.1992 and this ban was lifted by the State Government by the order dated 13th May, 1992, which has been placed on the record as Annex. 4. When the petitioners came to know about the lifting of the ban, they approached the Colonization Commissioner and the Allotting Authority -cum -Assistant Colonization Commission, Bikaner and requested them that as per the Government order the cases in which the allotment letters have been issued and first instalment has been deposited, the possession of the land may be given to the petitioners without any further enquiry. But the authorities did not comply with the Government order and possession of the land was not given to the petitioners. Meanwhile, the respondents No. 2 and 3 issued a public notice dated 23.5.1992 a copy whereof has been placed on the record as Annex. 5 by which applications were invited for fresh allotment of land in Chhatargarh and Pugal Tehsils. When the petitioners came to know about the fact that the lands which have already been allotted to the petitioners have again been put to allotment, the petitioners requested the authorities that since all the formalities of the special allotment of this land have been complted and they have deposited the amount and the Government order is clear, therefore, they should not put this land to fresh allotment and possession of the land may be handed over to the petitioners. But without any result. Therefore, the petitioners have approached this Court by filing the present writ petition.