RAM LAL Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has challenged the order dated 24.1.2004 (Annexure-9) passed by Sub-Divisional Officer, Khajuwala, Bikaner with the further prayer that the allotment made in favour of the petitioner on 9.10.1990 vide Annexure-5 may kindly be confirmed. It is averred in the writ petition that the petitioner moved an application on 18.8.1990 for allotment of 25 bighas of land in Square No. 227/25 and 25 bighas of land in Square No. 227/33. It is further submitted that he has deposited Rs. 500/- as earnest money on 18.8.1990. The petitioner furnished all the requisite requirement for allotment. The application filed by the petitioner was accepted because there was no other application for allotment of the said land. Accordingly, vide allotment order dated 9.10.1990, the petitioner was allotted order dated 9.10.1990, the petitioner was allotted 25 bighas of command land in Square No. 227/25 and 24 bighas 10 biswas of uncommand land in Square No. 227/33 in Chak 28 KJD. It is averred that an amount of Rs. 52241/- was required to be deposited by the petitioner, which was determined in accordance with Rule 13A of the Rajasthan Colonisation Act (Allotment & Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (hereafter referred to as "the Rules of 1975" only). Out of the above amount, the petitioner deposited 35% of the amount initially for delivery of possession. After depositing the said amount, the allotment order of the above land was issued on 9.10.1990.

(2.) According to the petitioner, on account of continuous drought, the petitioner could not paid the remaining installments in time and at last, he deposited Rs. 34,411/- being the remaining principal amount and Rs. 22,712/- towards the interest on 27.5.1996.

(3.) The petitioner has challenged the order dated 24.1.2004 and the notice dated 22.10.2003, which was received by him on 19.12.2003 and submitted that this order and notice are violative of principles of natural justice.