BHANU PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the parties, writ petition is heard finally.

(2.) Learned counsel submits that the petitioner was Jagirdar and after the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (for short "the Act of 1952") the land belonging to the petitioner was resumed. As per Section 19(1)(VI) of the Act of 1952, the respondents were under an obligation to allot a land in the vicinity of the village or villages in which jagir land was situated. After resumption of land in 1956, the allotment of land was not made for years together. The petitioner was allotted a land in the year 2009 in Indira Gandhi Nahar Pariyojna, District-Jaisalmer. It was in reference to a circular issued on 22.11.2002. The circular provides for allotment of land in Indira Gandhi Nahar Pariyojna. The circular aforesaid runs counter to Section 19(1)(VI) of the Act of 1952 thus deserves to be struck down.

(3.) Learned counsel has made reference of many cases where the land was initially allotted in Indira Gandhi Nahar Pariyojna and thereupon, exchanged with other land in the vicinity of the village or the villages where the resumption of jagir land was made. The petitioner has been discriminated because he also made a prayer for exchange the land and if it is irrigated land then to allot 25 bighas and, in case it is not irrigatable then to allot three times to the aforesaid, as per the explanation under Section 18 of the Act of 1952. The respondents have failed to accept the prayer made by the petitioner, thus caused discrimination between similarly placed persons. Learned counsel for respondents has contested the case. It is submitted that after resumption of land in the year 1956, the allotment has been made in Indira Gandhi Nahar Pariyojna pursuant to the circular dated 22.11.2002. It is also stated that subsequently an amendment was brought under Section 19 of the Act of 1952 vide the Notification dated 1.4.2011. Section 19 of the Act of 1952 was substituted vide the aforesaid Notification to provide land in stage-II of Indira Gandhi Nahar Pariyojna .