GOVT. OF RAJASTHAN Vs. JANAK SINGH

JUDGEMENT

(1.) These revision petitions arise out of common order of the State Commission involving similar question; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioners against the order dated 30.05.2012 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench No. 3 Jaipur (in short, 'the State Commission') in Appeal No. 1579/2010 Janak Singh Vs. Govt. of Rajasthan & Ors. Cross Appeal No. 2019/2010 Govt. of Rajasthan & Ors. Vs. Janak Singh & Ors., Appeal No. 1580/2010 Dilip Singh Vs. Govt. of Rajasthan & Ors. Cross Appeal No. 2017/2010 Govt. of Rajasthan & Ors. Vs. Dilip Singh & Ors. and Appeal No. 1586/2010 Dalpat Singh Vs. Govt. of Rajasthan & Ors. Cross Appeal No. 2018/2010 Govt. of Rajasthan & Ors. Vs. Dalpat Singh & Anr. by which, while dismissing appeals of the petitioners, allowed appeal of respondent and modified order of District Forum partly allowing complaint.

(3.) Brief facts of the case are that Colonisation Department of OP/petitioner allotted land bearing Murabba No. 24/52 measuring 24 Bigha 5 Biswa to complainant/respondent Dalpat Singh, land bearing Murabba NO. 44/53 measuring 25 Bigha to complainant/respondent Dalip Singh, land bearing Murabba No. 44/49 measuring 25 Bigha to Janak Singh situated in Chak No. 25 T.B.M. After allotment of land, complainants came to know that there was no source of irrigation available for the land, no construction of Khals (drains); hence, prayed for exchange of land. As their request was not accepted, alleging deficiency on the part of OPs/Petitioners, complainants filed complaints before District Forum. OP resisted complaint and submitted that complaints are time barred and remedy lies with the Civil Court and prayed for dismissal of complaint. Learned District Forum after hearing both the parties vide orders dated 26.3.2009 and 24.4.2009 allowed complaints and directed OP to return the amounts deposited by complainants with interest. Complainants filed appeal against aforesaid orders and learned State Commission vide order dated 29.4.2010 remanded the matter back to learned District Forum with direction to implead the Executive Engineer of Irrigation Department as a party. Learned District Forum, after impleading Executive Engineer as a party again vide order dated 21.7.2010 directed OP to return the amount along with interest. Complainants as well as OPs filed appeal before State Commission and learned State Commission vide impugned order dismissed appeals of petitioner and partly allowed appeals of respondent and observed that as proceedings regarding exchange of land is pending in the Colonisation Department on which no order has been passed directed Colonisation Department to pass proper order with regard to proposals relating to exchange of land against which, these revision petitions have been filed along with application for condonation of 140 days delay.