Rajasthan High Court - Jodhpur
Deena Ram @ Dinesh vs State Of Raj. & Ors on 3 February, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 7881 / 2010
PETITIONER
Deena Ram @ Dinesh s/o Shri Chena Ram b/c Hajuri, aged about
37 years respondent/o Pithla, District Jaisalmer.
Versus
RESPONDENTS:
1. State Of Rajasthan through the Chief Engineer, Colonisation.
2. The Dy. Commissioner, Colonisation, Jaisalmer.
3. The Tehsildar, Colonisation Tehsil No.1, Ramgarh, District
Jaisalmer.
_____________________________________________________
For Petitioner(s) : Mr. L.D. Khatri.
For Respondent(s) : Mr. A.R. Godara, Dy. G.C.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 03/02/2017 By way of this writ petition, the petitioners seeks a direction to the respondents to allot him command land admeasuring 22.5 bighas in exchange of the land allotted vide allotment order dated 28.02.2002, possession whereof could not be given to him as the said land had already been allotted to somebody else.
The respondents, in their reply, have taken a stand that case of the petitioner for allotment of land in exchange will be placed before the Exchange Committee in its meeting and as per the recommendations of the Exchange Committee, appropriate land shall be allotted to the petitioner in exchange, in accordance with the relevant Rules.
(2 of 2) [CW-7881/2010] Learned counsel for the petitioner submits that the reply to the writ petition as aforesaid was filed by the respondents way back in the month of January, 2011, however, the case of the petitioner for allotment of the land in exchange of the land allotted to him vide order dated 28.02.2002 has not been considered by the Exchange Committee till date.
In view of the stand taken by the State in the reply, the entitlement of the petitioner for allotment of the land in exchange is virtually admitted.
Thus, the writ petition is disposed of directing the respondents to consider the case of the petitioner for allotment of land in exchange of the land allotted to him vide allotment order 28.02.2002, in accordance with the relevant Rules, within a period of three months from the date of receipt of copy of this order. Stay application is also disposed of.
No order as costs.
(SANDEEP MEHTA)J. Tikam/63