SBCWP NO.5607/2006 –SHRI KRISHNA GAUSHALA SAMITI, NINAN . V/S THE STATE OF RAJASTHAN AND ANR. : JUDGMENT DTD.24.4.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.5607/2006 Shri Krishna Gaushala Samiti, Ninan. versus The State of Rajasthan and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Dalpat Raj Bhandari, for the petitioner. Mr.O.P.Boob, for respondents DATE OF JUDGMENT : 24th April, 2008. JUDGMENT 1. Heard the learned counsels for the parties. 2. The only relief claimed in the writ petition is that the concerned allotting authority i.e. the Collector has failed to implement the order of Dy. Secretary, Department of Revenue vide Ex.12 dated 24.12.2005 in which it has been clearly stated that for the purpose of SBCWP NO.5607/2006 –SHRI KRISHNA GAUSHALA SAMITI, NINAN . V/S THE STATE OF RAJASTHAN AND ANR. : JUDGMENT DTD.24.4.2008 2/3 Shri Krishna Gaushala Samiti, nearby the land of 'Johad' measuring 2.959 hectare situated in village Ninan, Tehsil Bhadra, a part of Government land of 1.518 hectare may be allotted in favour of petitioner Shri Krishna Gaushal except the actual place of water body and the source from which water comes into that body which portion of the Government land is on the other side of Johad land measuring 1.518 hectare and which may be allotted to the petitioner Shri Krishna Gaushala. 3. The respondents have taken a stand in the reply that since the land in question is of the nature of “Johad Paytan” (water body), it cannot be so allotted. 4. It is not understood how the learned Collector or the State for that matter can take a contrary stand once the order Ex.12 dated 24.12.2005 was passed by the State Government itself. 5. Accordingly, this writ petition is allowed and the respondent No.2 Collector, Hanumangarh is directed to consider the case of the petitioner in terms of Ex.12 dtd.24.12.2005 and unless there is any SBCWP NO.5607/2006 –SHRI KRISHNA GAUSHALA SAMITI, NINAN . V/S THE STATE OF RAJASTHAN AND ANR. : JUDGMENT DTD.24.4.2008 3/3 other reason to refuse allotment of land in question, the Govt. land measuring 1.518 hectare of the land situated near the said “Johad Paytan” leaving actual portion where water body exists and source from which water comes in that water body as mentioned in the order of the Dy. Secretary of the Government of Rajasthan Ex.12 dtd.24.12.2007 itself, the said Government land measuring 1.518 hectares may be allotted to the petitioner Shri Krishna Gaushala Samiti. The said proceedings may be concluded at the end of respondent No.2, the Collector within a period of three months from today. 6. With these observations, this writ petition is allowed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.64 Ss/-