HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this case reply has been adopted from Writ Petition No. 3108/92. After hearing arguments for three days, this case is being decided.

(2.) THE petitioner(s), who have filed this writ petition are purported transferee(s) of the Pong Dam Oustee(s). They have filed this writ petition prior to the insertion of Rule 8AAA in the Rajasthan Colonisation (Allotment of Government Land to Pong Dam Oustees in the Indira Gandhi Canal Colony), Rules, 1972 (shortly Rules, 1972) which has come into force w.e.f. 3.9.1992. This fact transpires from the reply filed on behalf of the State Government. In view of this amendment in Rules, 1972, the right of the purported transferee(s) in the land, which was initiated allotted to she Pong Dam Oustee(s) has yet to be determined

(3.) KEEPING in view these facts and circumstances, the rights of purported transferee(s) are in a fuid state and this writ petition has become premature, which is hereby dismissed as being premature. However, after the passing of the order in sue mote review and the final disposal of petitioner(s) application filed under Section 6A of Rules, 1972, if subsequently and right is available to them under law, they will be free to file fresh writ petition in accordance with law. The amount that has been deposited under the orders of this Court in this writ petition will remain deposited with the Government and in case special allotment is made in favour of the petitioner(s), the deposited amount will be adjusted against the amount due against them. But if no such special allotment is made. i.e. their application under Rule 6A of Rules, 1972 is dismissed, then the amount so deposited will be refunded to them @ 12% per annum form today.