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Rajasthan High Court · body

2018 DIGILAW 813 (RAJ)

Fatma W/o Shri Dalle Khan v. State of Rajasthan

2018-03-21

NIRMALJIT KAUR

body2018
ORDER : 1. The defects in S.B. Civil Writ Petition Nos. 3839/2018 & 3841/2018 are overruled. 2. Issue notice to the respondents. 3. Mr. A.R. Godara, learned counsel, accepts notice on behalf of the respondents and prays for time to file reply. 4. However, this Court deems it proper to dispose of all the abovementioned writ petitions at this stage itself in view of the facts and circumstances of the case. 5. For convenience, the facts are being taken from SB Civil Writ Petition No.3782/2018. 6. The petitioner being landless person has applied before the allotting authority for allotment of land in question and deposited application form with earnest money. The application of the petitioner was registered but the allotting authority did not proceed with the allotment. Accordingly, the petitioner filed an appeal before the appellate authority. The appellate authority allowed the said appeal vide order dated 01.03.2012 and directed the respondent-authority to decide the allotment application of the petitioner and further directed that the status quo of the land in question be maintained. Against the said order passed by the Appellate Authority, the State Government filed a revision petition before the Board of Revenue. The Board of Revenue, however, disposed of the revision petition with a direction to the allotment authority to decide the allotment application of the petitioner within three months instead of deciding the application the Tehsildar has issued the impugned notices of eviction. Meanwhile, the petitioner also filed a writ petition before this Court bearing No.11806/2016 against the denial of the irrigation facilities to the agricultural fields of the petitioner. The writ petition No.12516/2016 along with number of connected writ petitions were disposed of vide order dated 12.10.2017 with a direction that the agriculturists in whose favour, the order of stay for not dispossessing them from the agriculture fields had been passed by the various authorities are entitled to get the irrigation facilities for their agriculture fields. 7. The only dispute in these petitions is that in spite of the fact that the allotment application of the petitioners are still pending and in spite of the specific direction having been issued by the Board of Revenue to decide the said applications within three months, the respondent No.4 – Tehsildar Colonization, Mohangarh No.1 District Jaisalmer has issued notice dated 19.12.2017 directing the petitioners to vacate the land and hand over the possession. 8. 8. Be that as it may, the short controversy in these writ petitions is only to the extent that the petitioners should not be dispossessed from the land in question till as such time the allotment applications of the petitioners are decided. 9. In view of the above, the present writ petitions are disposed of with a direction to the concerned appropriate authority to decide the allotment application filed by the petitioners forthwith in terms of the order passed by the Board of Revenue and till as such time, the said applications are decided, the petitioners shall not be dispossessed from the land in question.