HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application by Hari Singh and Mallu under Art. 226 of the Constitution praying that the order of the State Government conveyed by the secretary to the Government in the Revenue 'b' Department, Jaipur, to the Collector, Ganganagar, under his letter No. F. 2 (19) Rev/b/gr. II/62 dated the 24th October, 1962, and certain proceedings taken prior thereto after the 26th April, 1960, and all subsequent proceedings taken in consequence thereof be quashed. By this order, a revision petition filed by the respondents Mahendra Singh against the judgment of the Revenue Appellate Authority, Bikaner, dated the 17th January, 1962, was partly allowed and it was decided that the prayer of the said respondents not to allow square No. 36 to the petitioners here (who were non-petitioners before the Government) be allowed and the respondents were left free to apply for the allotment of the aforesaid land to them if they so chose and a direction was further given that on their doing so, their application for such allotment be considered on the merits. Respondent Kaila Singh having died during the pendency of this writ application is represented by his widow and other heirs.

(2.) THE dispute between the parties relates to the allotment of 24-1/2 Bighas of land Sq. No. 36 in Chak 3 K. K. in Tehsil Padampur under the Rajasthan Colonisation Act, 1954 (Act No. XXVII of 1954, hereinafter called the Act of 1954) and the Rules made thereunder known as the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment) Rules, 1956 (hereinafter called the Rules ). It is common ground between the parties that the petitioner Hari Singh who is a resident of Chak 3 K. K. and Mallu who is a resident of Chak 5 K. K. in Tehsil Padampur had applied for the allotment of certain land in Chak 3 K. K. on a permanent basis on the 25th August, 1957 and 22nd August, 1957, vide their applications Ex. 1 and 2 to the Tehsildar Padampur under the Rules. It is further admitted that neither of them had asked for allotment of land in Sq. No. 36 in this Chak. It is also not in dispute between the parties that the respondents Mahendra Singh and Kaila Singh had likewise made applications for allotment of land to them in Chak 5 K. K. on the 17th August, 1957 and 27th September 1957, respectively (See their applications Exs. 3 and 4)' Both of them had applied for allotment of land in square No. 36. 1 he total area of this square is admittedly 24-1/2 bighas. THEse applications remained pending upto the 25th April, 1960. In the meantime on the 7th April, 1958 one Mst. Basant Kanwar who held Square No. 3 in Chak 3 K. K. had applied for the exchange of her land with Square No. 36 for certain reasons into which it is unnecessary to go for the decision of this writ application, and the Government had sanctioned this exchange by its order dated the 20th November, 1959. THE respondents who were in temporary possession of Square No. 36 filed a review application before the Government as a result of which the order of exchange was cancelled by an order dated the 4th/8th July, 1960, and their possession over Square No. 36 was left undisturbed. On the 26th April, 1960, the Additional collector, Ganganagar, allowed the applications of both the petitioners for allotment of land to them and allotted 12-1/2 bighas of land in Murabba No. 36 to the first petitioner vide Ex. 5 and allotted the remaining 12-1/2 Bighas to the second petitioner in the same square vide Ex. 6. On the same day the applications of respondents Mahendra Singh and Kaila Singh were rejected vide Exs. 7 and 8. It does not appear from the record that these applications were disposed of by the Tehsildar after hearing the parties or,in their presence. THE case of the petitioners is that after he allotment had been made in their favour, they applied for possession of the land to the Collector, Ganganagar,when the respondents who were in possession of the said land raised objections before the Collector that this should have been allotted to them and not to the petitioner. Meanwhile the Tehsildar Padampur by his proceeding dated the 3rd October, 1960, Ex. A-6 made a reference to the Collector that according to the decision of the Government on the respondents' review petition against Mst. Basant Kanwar, the exchange which had earlier been granted in her favour had been recalled and it was Ordered that Square No. 36 be allowed to remain in their possession, whereas by the order of the Additional Collector dated the 26th April, 1960, the said land had been allotted to the petitioners, namely, Hari Singh and Mallu, and consequently the Tehsildar prayed for a clarification as to whom the land may be treated as allotted. THE Collector disposed of this reference by his order dated the 6th April, 1961, Ex. 9. Both parties appear to have been heard by the Collector before this order was passed. THE Collector took the view that the order of the Additional Collector permanently allotting Square No. 36 to the petitioners had become final as no appeal against those orders had been filed to the higher authorities and that the order of the Government in the review case of the respondents against Mst. Basant Kanwar was not really concerned with the question of the permanent allotment of Sq. No. 36 to any body, and in this view of the matter the Collector ordered that further action be taken accordingly.

(3.) SALES and auctions under this Act.