ASU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the applicant. According to learned counsel for the applicant, the applicant was not party in SB Civil Writ Petition No.7064/2003 decided by order dated 4.1.2005. According to the applicant, he is Secretary of Nokhra Johad Paitan Agore Oram Bhoomi Bachao Sangharsh Samiti, Nokhra and said Sangarh Samiti preferred DB Civil Writ Petition No.1826/2001 to protect the land of the public utilities including the catchment and angore lands. In the said writ petition no.1826/2001, the Division Bench of this Court noticed the earlier decision dated 3.9.2003 delivered in DB Civil Writ Petition NO.1209/2003 (Dwarka Das vs. State of Rajasthan) and quashed the allotment order made in respect of Angore land comprised in khasra no.379/1 and directed the respondents to allot alternate site to the allottees.

(2.) The Division Bench, after noticing the said fact, observed that certain proceedings are pending before the Board of Revenue with respect to the aforesaid Khasra No.379/1 and directed the State and Colonisation Commissioner to apprise the Board of Revenue of the Division Bench's order dated 3.9.2003 passed in DB Civil Writ Petition No.1209/2003.

(3.) According to learned counsel for the applicant, in writ petition no.7064/2003, the petitioner therein admitted the land in question to be Johad Paitan and the land is situated in khasra no.379/1. Therefore, according to learned counsel for the applicant, in view of the aforesaid admission, the petitioner cannot say that the land in question is not land of Johad Paitan, therefore, the order of this Court dated 4.1.2005 allowing the writ petition no.7064/2003 may be recalled or in the alternative, according to learned counsel for the applicant, the position may be clarified.