CHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE unsuccessful petitioner in a petition under Article 226 of the Constitution has filed this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 against the order dated Decerhber 18, 1975 of the learned Single Judge, by which, the writ pelition was dismissed summarily.

(2.) IN view of the conclusion to which we have arrived at after hearing the learned Counsel for the parties, it is not necessary to state the facts in detail. Suffice it to mention that the petitioner -appellant filed the writ petition on December 15, 1975 for quashing the order dated August 31, 1974 of the Deputy Colonisation Commissioner, Vijaynagar and for a direct on that the respondents may be restrained from dispossessing him from the lands in dispute until his eligibility for permanent allotment in respect of the lands in dispute is determined and decided under the Rajasthan Colonization (Allotment and Sale of Government lands in the Rajasthan Canal Colony Area) Rules 1975 (for short 'the Rules' herein). The vires of Rules 2(xv), 3(2) and 4(4) of the Rules was also challenged. It may be stated that Respondent No. 4 Malaram was not impleaded as a party in the writ petition. After the decision of the want petition an application was Sled by Malaram on January 15, 1983 along with some documents. On July 5, 1983, an order was made that Malaram be impleaded as respondent No. 4 as his presence was necessary before the Court in order the effectually adjudicate the controversy involved in the appeal.

(3.) MR . B.L. Purohit, learned Counsel for the petitioner -appellant informs us that the revenue litigation pending between the parties has not reached its finality and the result of that litigation has bearing on the question regarding the eligibility for permanent allotment of land in question to the appellant.