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Rajasthan High Court - Jodhpur

Smt. Sumar Kanwar And Ors vs State Of Rajasthan And Anr on 26 March, 2019

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                    S.B. Civil Writ No. 693/2018

1.     Smt. Sumar Kanwar W/o Lae Sh. Vijay Singh @ Bijai
       Singh Singh,
2.     Santosh D/o Late Vijay Singh @ Bijai Singh,
3.     Indar Singh S/o Late Vijay Singh @ Bijai Singh,
4.     Sunita D/o Late Vijay Singh @ Bijai Singh,
5.     Surendra Singh S/o Late Vijay Singh @ Bijai Singh, All By
       Caste   Rajput,        R/o   Village-       Shyopura,        Teh.-Rajgarh,
       District- Churu.
                                                                   ----Petitioners
                                    Versus
1.     The State Of Rajasthan Through Principal Secretary To
       Government,            Colonization         And          Sainik   Kalayan
       Department, Jaipur Rajasthan.
2.     The     Allotment        Officer       And       Add.       Commissioner,
       Colonization Department, Bikaner Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Dinesh Godara
For Respondent(s)         :     Mr. Rishi Soni for Mr. Pankaj Sharma,
                                AAG.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment / Order 26/03/2019 At the outset learned counsel for the petitioners submits that the controversy has already been decided by this Court in Rasidan Bano and Ors. Vs. State of Rajasthan in SPCWP No. 10533/2018 on 25.7.2018 which reads as under: -

"Heard learned counsel for the parties. Perused the material available on record.

Issue notice.

(2 of 3) [CW-693/2018] Shri N.S.Rajpurohit, AGC appears on behalf of Shri O.P.Boob, Govt. Counsel for the respondents. Hence, notice need not be issued.

With the consent of learned counsel for the parties, the matters are decided today itself.

Learned counsel for the petitioners state that the issue raised in the instant bunch of writ petitions is squarely by the judgment rendered by this Court in the case of Narayan Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.1818/2017) (2 of 2) decided on 25.3.2017 wherein this Court, after taking into consideration the earlier judgment rendered in the case of Smt.Sajjan Kanwar Vs. The State of Rajasthan & Ors. (S.B.Civil Writ Petition No.10552/2009) decided on 12.3.2014 and the Division Bench Judgment rendered in the case of State of Rajasthan & Anr. Vs. Smt.Sajjan Kanwar & Anr. (D.B.Special Appeal (Writ) No.1007/2014) decided on 22.3.2017, directed as under:-

"17. In the result, the petitions are disposed of with the directions to the respondents to consider the claim of the individual petitioner in accordance with the Rules of 1975, keeping in view, the pronouncement of this court in Sajjan Kanwar's (supra). Needless to say that after due consideration, the petitioners, whose claims are found acceptable, shall be handed over the possession of the land on their completing legal formalities in accordance with law. The entire exercise shall be completed by the respondents as expeditiously as possible, preferably within a period of three months from the date of receipt of certified copy of this order. No order as to costs."

Shri N.S.Rajpurohit, AGC appearing on behalf of Shri O.P.Boob, Govt. Counsel is not in a position to dispute this legal position.

Accordingly, the instant bunch of writ petitions is also disposed of with similar directions as given in the case of Narayan (supra).

A copy of this order be placed in each file. "

Learned counsel for the petitioners further submits that the judgment has been affirmed by the Division Bench in D.B. Spl. Appl. Writ No. 1007/2015 decided on 22.3.3017 and thereafter by Hon'ble Apex Court in Special Leave Petition (Civil) No (Diary No.) 24441/2017.

Learned counsel for the respondents admits that the controversy is squarely covered by the aforesaid judgment.

(3 of 3) [CW-693/2018] In light of the aforesaid submissions, the instant writ petition is also disposed of with the similar directions as given in Narayan (Supra). Copy of the order be placed in each file.

However, the time given for completion of exercise instead of three months shall be five months.

(DR. PUSHPENDRA SINGH BHATI),J ns.149-1/-

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