1 D.B.Civil Special Appeal(Writ) No.1136/2007 The State of Raj. & ors. V/s Major Narpat Singh Rajpurohit 6.8.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.S.S.Sharma, Government Counsel for the appellants. Mr.Rohitash Chaudhary for Mr.Praveen Balwada for the respondent. Having heard learned counsel for the parties and having gone through the application for condonation of delay, we are satisfied that the appellants were prevented by sufficient cause in not filing this appeal in time. Delay in filing this appeal is, therefore, condoned and the matter is heard on merits. This appeal has been filed by the State of Rajasthan against the judgment of the learned Single Judge of this Court dated 19.10.2006 whereby the writ application of the respondent was allowed and the orders dated 25th January, 2006 and 21st April,1995 cancelling the allotment of land made in favour of the respondent, were set aside and the appellants were directed to give possession of the land to the respondent in terms of the allotment made by the Government. Learned counsel for the appellants has argued that the writ petitioner has merely participated in a Regional Tent Pegging Championship held at Hyderabad and his case could not be said to be 2 covered by Circular of the Government dated 27th July, 1982. According to the said circular, only those persons, who have won medals at international level in Olympics, Asian Games and Common Wealth Games, are entitled to the allotment of land in colonization area on reserve price and since the respondent has not won medals in any of the above Games, he was not entitled for allotment of land in Colonization area on reserve price. The learned Single Judge of this Court allowed the writ application considering the fact that the writ petitioner-respondent won gold and silver medals both in individual championship and team championship in the Tent Pegging and Equestrian at the International Tournament held in New Jersey, USA and besides that, he secured second position in the Classic National Equestrian Championship, 1991 and he was also winner of National Tent Pegging Championship, 1992. The Government Circular referred to above has been issued under Rule 24 of the Rajasthan Colonization (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975. The Government upon consideration of application of the writ petitioner-respondent vide letter dated 21st July, 1994 directed for allotment of land to the writ petitioner-respondent in the colonization area on reserve price. Subsequently, the Dy. Colonization Commissioner, Bikaner informed the writ petitioner about such allotment of land by letter dated 9.9.1994. Thereafter, Tehsildar, Colonization Indira Gandhi Nahar Yojna vide letter dated 28th April, 1995 informed the Asstt. 3 Colonisation Commissioner about the land which has been identified to be allotted to the writ petitioner-respondent. Thereafter, the appellants suddenly without giving any notice to the writ petitioner-respondent cancelled the allotment of land made in his favour and against such cancellation, the writ application was filed. The learned Single Judge found that the contention of the appellants that international level sports could be only in Olympics, Asian Games and Common Wealth Games was not tenable and rejected such contention on the premise that clause 1(d) of the circular dated 27th July, 1982 mainly refers to International Games and since the writ petitioner-respondent has won the medals in International Games, therefore, he was entitled for allotment of land in Colonization area on reserve price and that the order cancelling allotment of land runs contrary to the provisions of Rule 24 and the Circular dated 27.7.1982. We do not find any illegality or infirmity in the approach taken by the learned Single Judge Judge and the writ application in our view was rightly allowed. Thus, this appeal, which lacks merit, is therefore dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar