Rajasthan High Court - Jodhpur
Heer Kanwar vs State Of Rajasthan (2025:Rj-Jd:12016) on 4 March, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:12016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 8198/2024
Heer Kanwar D/o Shri Kalyan Singh, Aged About 66 Years, R/o
Village Gadi Cahampawtan, Post Bagthal, Tehsil Bhaniyana,
District Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner, Colonisation
Department, Bikaner.
2. Deputy Commissioner, Colonisation Department, Nachna,
District Jaisalmer.
3. Tehsildar Colonisation, (Ignp) Nachna No. 2, Tehsil
Nachna, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Praveen Kumar Choudhary.
For Respondent(s) : Ms Jaya Dadhich, AGC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 04/03/2025 Heard learned counsel for the parties.
The present writ petition has been filed for the following reliefs:
"A. By an appropriate writ, order or directions, any order or communication already passed or passed during the pendency of the writ petition, denying the Khatedari rights of the land bearing Murabba No.111/11, 1 Bigha Command land and 6 Bigha Un-Command land at Chak 5 DOL of Colonisation Tehsil nachna (II), allotted vide Allotment order dated 25.01.2018 (Annex.1) may kindly be quashed and set aside.
B. By an appropriate writ, order or directions, the respondents may kindly be directed to enter petitioner as khatedar of the land bearing Murabba No.111/11, 1 Bigha command land and 6 Bigha Un-command land at Chak 5 DOL of Colonization Tehsil nachna (II), allotted vide Allotment order dated 25.01.2018 (annex.1). C. By an appropriate writ, order or directions, the petitioner may kindly be declared as Khatedar of the land bearing Murabba No.111/11, 1 Bigha Command land and 6 (Downloaded on 05/03/2025 at 10:05:19 PM) [2025:RJ-JD:12016] (2 of 3) [CW-8198/2024] Bigha Un-command land at Chak 5 DOL of Colonisation Tehsil Nachna (II), in view of allotment order dated 25.01.2018 (Annex.1)".
Learned counsel for the petitioner submits that the petitioner was allotted a small patch of land vide order dated 25.01.2018 at Chak 5 DOL in Murabba No.111/11, 1 Bigha Command land and 6 Bigha un-command land. The cost of land was Rs.98,500/- which was deposited by the petitioner in three installments. Learned counsel submits that despite the amount having been deposited with the respondents, the name of the petitioner is not being entered in the revenue record. He, therefore, prays that the writ petition filed by the petitioner may be allowed and the respondents may be directed to enter the name of the petitioner in the revenue record for the subject piece of land allotted to him.
Per contra, learned counsel for the respondents submits that the amount deposited by the petitioner was embezzled by the concerned official of the department, therefore, an inquiry has been initiated against the erring official. She further submits that there is no dispute so far as deposition of the amount by the petitioner is concerned. However, a reasonable time may be granted to the respondents for doing the needful in the matter.
I have considered the submissions made at the bar and gone through the relevant record of the case.
It is an admitted fact that land has been allotted to the petitioner by the concerned authority vide order dated 25.01.2018 and the petitioner has deposited the amount due with the respondents, therefore, there is no reason with the respondents for not entering the name of the petitioner in the revenue record. If the amount deposited by the petitioner has been (Downloaded on 05/03/2025 at 10:05:19 PM) [2025:RJ-JD:12016] (3 of 3) [CW-8198/2024] embezzled by some government official concerned then appropriate action against the erring official can be taken by the respondents but on that pretext, the petitioner cannot be denied his right of entering his name in the revenue record.
In view of the discussion made above, the present writ petition is allowed. The respondents are directed to enter the name of the petitioner in the revenue record expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order.
(VINIT KUMAR MATHUR),J 4-Anil Singh/-
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