Rajasthan High Court - Jodhpur
Prem Kanwar vs State Of Rajasthan 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. 16053/2018
1. Prem Kanwar W/o Late Sh. Bajrang Singh, Aged About 72
Years, By Caste Rajput, R/o Village- Parava, Tehsil-
Sujangarh And District- Churu.
2. Bhanwar Kanwar D/o Late Sh. Bajrang Singh, Aged About
52 Years, By Caste Rajput, R/o Village- Parava, Tehsil-
Sujangarh And District- Churu.
3. Bhanwar Singh S/o Late Sh. Bajrang Singh, Aged About
50 Years, By Caste Rajput, R/o Village- Parava, Tehsil-
Sujangarh And District- Churu.
4. Rajendra Singh S/o Late Sh. Bajrang Singh, Aged About
48 Years, By Caste Rajput, R/o Village- Parava, Tehsil-
Sujangarh And District- Churu.
5. Anand Singh S/o Late Sh. Bajrang Singh, Aged About 45
Years, By Caste Rajput, R/o Village- Parava, Tehsil-
Sujangarh And District- Churu.
----Petitioners
Versus
1. 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
Connected With
S.B. Civil Writ No. 11795/2018
1. Munesh D/o Late Sh. Bajrang Singh, Aged About 49
Years, Legal Heirs Of Ex-Serviceman Late Sh. Bajrang
Singh R/o Village Kanwarpura, Tehsil- Chidawa, District-
Jhunjhunu, Rajasthan.
2. Suman D/o Late Sh. Bajrang Singh, Legal Heirs Of Ex-
Serviceman Late Sh. Bajrang Singh R/o Village
Kanwarpura, Tehsil- Chidawa, District- Jhunjhunu,
Rajasthan.
----Petitioners
Versus
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1. 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
S.B. Civil Writ No. 12011/2018
1. Bhanwar Singh S/o Late Sh. Bhairu Singh, Aged About 58
Years, Legal Heirs Of Ex-Service Man, Late Sh. Bhairu
Singh, R/o Village Khanri, Daudsar Tehsil- Didwana,
District- Nagaur, Rajasthan.
2. Madan Singh S/o Late Sh. Bhairu Singh,, Aged About 55
Years, Legal Heirs Of Ex-Service Man, Late Sh. Bhairu
Singh, R/o Village Khanri, Daudsar Tehsil- Didwana,
District- Nagaur, Rajasthan.
----Petitioners
Versus
1. 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
S.B. Civil Writ No. 12029/2018
1. Soni Devi W/o Late Ladu Ram, Aged About 81 Years,
Legal Heirs Of Ex-Serviceman Late Sh. Ladu Ram R/o
Simarala Kotadi Via Thoi, Tehsil Shrimadhopur, District
Sikar, Rajasthan
2. Harphool S/o Late Ladu Ram, Aged About 51 Years, Legal
Heirs Of Ex-Serviceman Late Sh. Ladu Ram R/o Simarala
Kotadi Via Thoi, Tehsil Shrimadhopur, District Sikar,
Rajasthan
3. Bajrang S/o Late Ladu Ram, Aged About 47 Years, Legal
Heirs Of Ex-Serviceman Late Sh. Ladu Ram R/o Simarala
Kotadi Via Thoi, Tehsil Shrimadhopur, District Sikar,
Rajasthan
4. Tarachand S/o Late Ladu Ram, Aged About 45 Years,
Legal Heirs Of Ex-Serviceman Late Sh. Ladu Ram R/o
Simarala Kotadi Via Thoi, Tehsil Shrimadhopur, District
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Sikar, Rajasthan
5. Arjun @ Mahesh Kumar S/o Late Ladu Ram, Aged About
44 Years, Legal Heirs Of Ex-Serviceman Late Sh. Ladu
Ram R/o Simarala Kotadi Via Thoi, Tehsil Shrimadhopur,
District Sikar, Rajasthan
----Petitioners
Versus
1. 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
S.B. Civil Writ No. 13736/2018
1. Laxmi D/o Late Sh. Peerdan Ram, Aged About 60 Years,
Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram R/o
Village Suratpura, Rajghrh, District Churu, Raj.
2. Maya Kaur D/o Late Sh. Peerdan Ram, Aged About 58
Years, Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram
R/o Village Suratpura, Rajghrh, District Churu, Raj.
3. Dhanpti D/o Late Sh. Peerdan Ram, Aged About 54 Years,
Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram R/o
Village Suratpura, Rajghrh, District Churu, Raj.
4. Anila D/o Late Sh. Peerdan Ram, Aged About 48 Years,
Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram R/o
Village Suratpura, Rajghrh, District Churu, Raj.
5. Jai Prakash S/o Late Sh. Peerdan Ram, Aged About 56
Years, Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram
R/o Village Suratpura, Rajghrh, District Churu, Raj.
6. Raj Pal S/o Late Sh. Peerdan Ram, Aged About 53 Years,
Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram R/o
Village Suratpura, Rajghrh, District Churu, Raj.
7. Indra Singh S/o Late Sh. Peerdan Ram, Aged About 50
Years, Legal Heir Of Ex-Serviceman Late Sh. Peerdan Ram
R/o Village Suratpura, Rajghrh, District Churu, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government Colonization And Sainik Kalyan Department,
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Jaipur Rajasthan.
2. Allotment Offcer And Add. Commissioner, Colonization
Department, Bikaner (Rajasthan)
----Respondents
S.B. Civil Writ No. 13742/2018
1. Surji Devi W/o Late Sh. Ram Kuwar Singh, Aged About 70
Years, Legal Heir Of Ex-Serviceman Late Sh. Ram Kuwar
Singh, R/o Ward No.3, Bhawani Basti, Jhalri, Sikar, Distt.-
Sikar, Raj.
2. Sunita Kanwar D/o Late Sh. Ram Kuwar Singh,, Aged
About 52 Years, Legal Heir Of Ex-Serviceman Late Sh.
Ram Kuwar Singh, R/o Ward No.3, Bhawani Basti, Jhalri,
Sikar, Distt.- Sikar, Raj.
3. Vikram Singh S/o Late Sh. Ram Kuwar Singh,, Aged
About 50 Years, Legal Heir Of Ex-Serviceman Late Sh.
Ram Kuwar Singh, R/o Ward No.3, Bhawani Basti, Jhalri,
Sikar, Distt.- Sikar, Raj.
4. Oma Devi S/o Late Sh. Ram Kuwar Singh,, Aged About 48
Years, Legal Heir Of Ex-Serviceman Late Sh. Ram Kuwar
Singh, R/o Ward No.3, Bhawani Basti, Jhalri, Sikar, Distt.-
Sikar, Raj.
5. Santosh Kanwar D/o Late Sh. Ram Kuwar Singh,, Aged
About 46 Years, Legal Heir Of Ex-Serviceman Late Sh.
Ram Kuwar Singh, R/o Ward No.3, Bhawani Basti, Jhalri,
Sikar, Distt.- Sikar, Raj.
6. Jai Singh S/o Late Sh. Ram Kuwar Singh,, Aged About 44
Years, Legal Heir Of Ex-Serviceman Late Sh. Ram Kuwar
Singh, R/o Ward No.3, Bhawani Basti, Jhalri, Sikar, Distt.-
Sikar, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government, Colonization And Saini Kalayan Department,
Jaipur (Rajasthan).
2. The Allotment Officer And Add. Commissioner,
Colonization Department, Bikaner (Rajasthan).
----Respondents
S.B. Civil Writ No. 16632/2018
1. Mohan Kanwar W/o Late Sh. Tagat Singh, Aged About 75
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Years, By Caste Rajput, Village- Khirjatibna, Tehsil-
Shergarh And District- Jodhpur
2. Jaswant Singh S/o Late Sh. Tagat Singh, Aged About 53
Years, By Caste Rajput, Village- Khirjatibna, Tehsil-
Shergarh And District- Jodhpur
3. Bhom Singh S/o Late Sh. Tagat Singh, Aged About 50
Years, By Caste Rajput, Village- Khirjatibna, Tehsil-
Shergarh And District- Jodhpur
4. Deep Singh S/o Late Sh. Tagat Singh, Aged About 48
Years, By Caste Rajput, Village- Khirjatibna, Tehsil-
Shergarh And District- Jodhpur
5. Padam Singh S/o Late Sh. Tagat Singh, Aged About 46
Years, By Caste Rajput, Village- Khirjatibna, Tehsil-
Shergarh And District- Jodhpur
----Petitioners
Versus
1. 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
S.B. Civil Writ No. 4105/2019
1. Lrs Of Baldev Singh, @ Baldeva.
2. Balwant Singh S/o Late Sh Baldev Singh, R/o Village
Charawas, Tehsil Khetri, District Jhunjhunu, Raj.
3. Bajrang Singh S/o Late Sh. Baldev Singh, Aged About 37
Years, R/o Village Charawas, Tehsil Khetri, District
Jhunjhunu, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government, Colonization And Sainik Kalayan
Department, Jaipur (Rajasthan).
2. The Allotment Officer And Add. Commisioner, Colonization
Department, Bikaner (Rajasthan).
----Respondents
S.B. Civil Writ No. 4118/2019
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1. Lrs Of Sultana Ram, Jhunjhunu.
2. Juga Lal S/o Late Sh. Sultana Ram, Village Sefragunvar,
Tehsil Khetri, District Jhunjhunu.
3. Mahendra Kumar S/o Late Sh. Sultana Ram, Aged About
54 Years, Village Sefragunvar, Tehsil Khetri, District
Jhunjhunu.
4. Durga Devi W/o Rameshwar, Aged About 57 Years, D/o
Late Sh. Sultana Ram, Village Napawali, 121, Ward No. 5,
Tehsil Nimkathana, District Sikar.
5. Vimla Devi W/o Indraj Singh, Aged About 45 Years, D/o
Late Sh. Sultana Ram, Village Mandana, Ward No. 13,
Dhani Dabara, Kalota, District Jhunjhunu.
6. Vimala W/o Jagdish, Aged About 40 Years, D/o Late Sh.
Sultana Ram, Village Napawali, 121 Ward No. 5, Tehsil
Nimkathana, District Sikar.
7. Dhanni Devi D/o Late Sh. Sultana Ram, Aged About 43
Years, Village Sefragunvar, Tehsil Khetri, District
Jhunjhunu.
8. Santosh Devi W/o Shree Ram, Aged About 40 Years, D/o
Late Sh. Sultana Ram, Village Mandana, Tiwari Ki Dhani,
District Jhunjhunu.
----Petitioners
Versus
1. 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
S.B. Civil Writ No. 4126/2019
1. Lrs Of Hanuman, R/o Village Bhorki, Dudi Nagar, Ward
No.2, Tehsil Udaipurwati, District Jhunjhunu, Raj. 333032.
2. Para Devi D/o Late Sh. Hanuman,, Aged About 50 Years,
R/o Village Bhorki, Dudi Nagar, Ward No.2, Tehsil
Udaipurwati, District Jhunjhunu, Raj. 333032
3. Sugna Ram S/o Late Sh. Hanuman,, Aged About 48
Years, R/o Village Bhorki, Dudi Nagar, Ward No.2, Tehsil
Udaipurwati, District Jhunjhunu, Raj. 333032
4. Subhash S/o Late Sh. Hanuman,, Aged About 46 Years,
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R/o Village Bhorki, Dudi Nagar, Ward No.2, Tehsil
Udaipurwati, District Jhunjhunu, Raj. 333032
5. Maniram S/o Late Sh. Hanuman,, Aged About 44 Years,
R/o Village Bhorki, Dudi Nagar, Ward No.2, Tehsil
Udaipurwati, District Jhunjhunu, Raj. 333032
6. Mani D/o Late Sh. Hanuman,, Aged About 43 Years, R/o
Village Bhorki, Dudi Nagar, Ward No.2, Tehsil Udaipurwati,
District Jhunjhunu, Raj. 333032
----Petitioners
Versus
1. 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. Pappu Sangwa
For Respondent(s) : Mr. Rishi Soni, for Mr. Pankaj Sharm,
AAG
Mr. AR Godara
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.
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.(Downloaded on 30/06/2019 at 04:49:09 AM)
(8 of 9) [CW-16053/2018] 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.
In light of the aforesaid submissions, the instant writ petitions are also disposed of with the similar directions as given in Narayan (Supra). Copy of the order be placed in (Downloaded on 30/06/2019 at 04:49:09 AM) (9 of 9) [CW-16053/2018] each file. However, the time given for completion of exercise instead of three months shall be five months.
(DR. PUSHPENDRA SINGH BHATI),J ns. 162-171 (Downloaded on 30/06/2019 at 04:49:09 AM) Powered by TCPDF (www.tcpdf.org)