1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER (1) S.B.CIVIL WRIT PETITION NO.9023/2005 Shiv Raj Singh Versus The Gramdan Board and others (2) S.B.CIVIL WRIT PETITION NO.9021/2005 Bhagwati Prasad Versus The Gramdan Board and others (3) S.B.CIVIL WRIT PETITION NO.1694/2006 Ram Babu Gupta Versus The Gramdan Board and others (4) S.B.CIVIL WRIT PETITION NO.1695/2006 Smt.Sayar Kanwar Versus The Gramdan Board and others DATE OF ORDER --- November 11,2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.R.P.Garg with Mr.P.C.Sharma, for the petitioners Mr.Zakawat Ali, Dy.Govt.Counsel Mr.J.R.Choudhary and Mr.M.C.Jain, for the respondents BY THE COURT (1) Since common questions of facts and law relating to allotment of land under the Rajasthan Gramdan Act, 1971 (in short `the Act of 1971') and further cancellation of the same without notice are involved, therefore, all these four writ petitions are being decided by this common order. (2) It is undisputed fact that Village Joshiwas, Tehsil Phulera, District Jaipur has been declared as Gramdan Village under section 11 of the Act of 1971 and agricultural land in 2 various Khasras of Village Joshiwas, Tehsil Phulera, Distt. Jaipur has been allotted to the petitioners, petitioner's father and husband. However, the dispute has been raised by the petitioners that without any notice to them, the aforesaid allotments of the land were cancelled and the land was allotted to different persons who are respondents in these writ petitions. (3) Counsel for the respondents submits that in some of the cases, allotment of land has been made much prior to the enforcement of the Act of 1971 and therefore, the said allotment will not be covered by Section 11 of the Act of 1971. As regards change of mutation entries, except in CWP No.9023/2005 Shiv Raj Singh V. The Gramdan Board and others, wherein the petitioner is claiming the rights otherwise also on the basis of Will whereas the respondents are claiming on the basis of adoption by Prahlad and subsequent Will to Soni Devi and the Will is forged one. (4) I have gone through record of the writ petition and further considered the submissions of counsel for the parties. (5) In my view, in these cases, some of the facts of initial allotment, right to retain the same and subsequent cancellation and allotment thereof are disputed, except declaration of Village Joshiwas as Gramdan Village, and cancellation of allotments without any notice to the petitioners, therefore, cancellation of the allotment of land is declared illegal being violative of the principles of natural 3 justice and the matter deserves to be remanded to the Gramdan Board. (6) It is, therefore, directed that the Gramdan Board shall decide the matter afresh as per Sec. 26 of the Act of 1971 after hearing both the parties within a period of three months and the aggrieved party may approach the Collector under section 37(D) of the Act of 1971. In case the matter is outside the scope of the Act of 1971, then the parties are also at liberty to approach the appropriate civil court/revenue court, as the case may be. (7) The status quo as it exists today, shall be maintained for a period of three months in order to decide the matter afresh by the Gramdan Board, as directed above. (8) The writ petitions are disposed of, as indicated above. (Prem Shanker Asopa) J. गोpa ल