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2012 DIGILAW 458 (RAJ)

Jala ram v. State of Rajasthan Anr.

2012-02-16

GOVIND MATHUR

body2012
JUDGMENT 1. - An agricultural land measuring 4 Bigha and 7 Biswas in Khasra No. 47 Village Tinwari was allotted to late Shri Sukhram, father of the petitioners, as per the provisions of Rajasthan Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1970 (hereinafter referred as the Rules of 1970). 2. The Tehsildar, Osian moved an application as per the provisions of Sub-Rule (4) of the Rule 14 of the Rules of 1970 for cancellation of the allotment made, and that came to be accepted by the Collector, Jodhpur vide order dated 27.3.1979. While cancelling the allotment made in favour of late Shri Sukhram the Collector left it open for him to file fresh application for allotment of land in accordance with the Rules, before the Sub Divisional Officer. 3. Case of the petitioners is that their father late Shri Sukhram in pursuant to the order dated 27.3.1979, submitted an application to the Sub Divisional Officer, Phalodi but that was not considered by the competent authority. Subsequent thereto, an application was moved by the petitioners for allotment of the land on 08.7.2009, but of no consequence. A notice for demand of just was also given by learned counsel for the petitioners on 03.8.2009, but that too remained un-responded. 4. It is submitted by learned counsel for the petitioners that the petitioners are entitled for allotment of land in view of the order passed by Collector on 27.3.1979, and also in accordance with the Rules of 1970 being landless persons. 5. I do not find any merit in argument advanced. Under the order dated 27.3.1979, the Collector, Jodhpur accepted an application preferred by the Tehsildar as per provisions of Rule 14(4) of the Rules of 1970 and while doing so, observed that Shri Sukhram may file a fresh application for allotment of land in accordance with law. As per Rule 7 of the Rules of 1970, after completing necessary process, as provided under Rule 6, the Sub Divisional Officer is required to issue proclamation in form-II in the manner, laid down in Section 61 of the Rajasthan Land Revenue Act, 1956, for allotment of land for agriculture purposes. An application then is required to be filed by the needy agriculturist in accordance with the provisions of Rule 8 of the Rules of 1970. An application then is required to be filed by the needy agriculturist in accordance with the provisions of Rule 8 of the Rules of 1970. Nothing is available on record to substantiate that any proclamation as per Rule 7 was made by the Sub Divisional Officer, and late Shri Sukhram ever submitted an application as per provisions of Rule 8 of the Rules of 1970. As such, there was no occasion for the respondents to take any decision for allotment of land to late Shri Sukhram in his life time. So far as submission of application by the present petitioners is concerned, that too is absolutely non consequential as no process is yet taken as per Rule 7 of the Rules of 1970 and the application submitted is also not in accordance with Rule 8. 6. For the reasons given above, the petition for writ is dismissed.Petition Dismissed. *******