IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.539/2008 (Hari Chand Vs. State of Raj. & Ors.) Date of order : 08.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.L. Jain, for the petitioner. Mr. O.P. Boob, Addl. Govt. Counsel. In this case notices were issued by this Court on 23.1.2008 and after service of notices, the matter is listed today before this Court for admission. In this writ petition, the petitioner has prayed for direction to allot the land in change to the allottees whose names are mentioned in Schedule, which is situated in Chak 3-KNM “A” of Khasra Nos. 220/8, 220/16 and 220/24 in place of land already allotted to them in Khasra No.142/25, 141/40, 141/47 and 141/32 of Chak 9-MGD, Tehsil Mohangarh, District Jaisalmer. Further, it is prayed that during the pendency of the writ petition, no allotment of the aforesaid land should be made by Seal Bid Procedure and during the pendency of the writ petition, if the allotment of the aforesaid land is made then no final order should be passed and the possession of the said land may not be delivered. The claim of the petitioner is that he along with many displaced persons who were migrated to India during partition of Country were rehabilitated and they were earlier allotted land. In para No.3 of the writ petition, it is stated that though in the allotment orders it was mentioned that the land is command land and the price thereof will be charged which is prescribed for the command land, but at the site, the land was not command land so they could not get the possession over the land and they continuously made the representations to the Government for allotment of alternate land. It is also mentioned that anonymous complaints were made to the allotting authority against 230 migrated Oad families who have been allotted the land. On the said complaint, the State Government made an enquiry and notices were issued to all the allottees from time to time. In the garb of the said enquiry neither the installments were taken nor the Khatedair rights were conferred to them though out of 200 migrated Oad families, 17 allottees deposited the prices of the land and from the remaining allottees, some installments were taken and for the remaining installments, the authorities issued notices to them that they should produce the documentary proof regarding their possession and their migration from Pakistan. It is also submitted that one after another enquiry was initiated and as per the counsel for the petitioner, a report was submitted in the year 2000 and another report was submitted in the year 2001. The grievance of the petitioner is that out of land allotted to the allottees, whose names are mentioned in Schedule-A, a part of of that land is command land and rest of the land is uncommand land but the allotting authority did not pay any attention. Therefore, repeated representations and requests were made by the persons mentioned in Schedule-A, the Additional Commissioner Colonization wrote a letter on 18.8.2007 (Annexure-11) to the Assistant Colonisation Commissioner, Mohangarh-A, whereby it was directed to submit the further report regarding allotment of land to 200 pakistani displaced Oad families. When nothing was done on the representations of the allottees, another representation was made on 1.12.2007 (Annexure-12) to the non-petitioner No.1 wherein it was mentioned that they may be allotted alternate land. Upon the said representation vide letter dated 4.1.2008, it was directed by the Addl. Commissioner Colonisation (Vigilance), Bikaner to non-petitioner No.2 to examine the matter of claim of the pakistani displaced Oad families as mentioned in the application and send report, thereafter, the matter was ordered to be placed before the Committee for decision. The Addl. Commissioner, Colonisation observed in the letter dated 4.1.2008 that if the land claimed by the petitioner has not been notified then it will not be notified and if it has been notified, then, till sending report, the allotment shall not be made. As per the petitioner, the Colonization Department notified the land vide notification dated 7.12.2007 for sell by through sealed bid procedure. Therefore, the petitioner has prayed that on one hand the cases of the allottees, whose names are mentioned Schedule-A is under consideration for the allotment of land in exchange which is situated in Chak Nos. 3-KNM in Muraba No.220/16, 220/24, 201/9 and 220/8 and on the other hand, the said land has been notified for sell by sealed bid procedure. Therefore, it is prayed by learned counsel for the petitioner that an interim order may be passed, directing the respondent not to make allotment of land in pursuance of the notification dated 7.12.2007. I have perused the entire writ petition as also the documents annexed thereto. It is clear from writ petition as well as pleadings that no possession of land has been given to petitioner, so also, earlier for rehabilitation of 200 Oad families, 5178.01 bighas of land was ordered to be kept reserved vide communication dated 19.11.1990 and now the petitioner along with other persons are claiming that the most of the said land which was earlier reserved was uncommand land. Therefore, as per notification dated 11.10.2007, the land which is notified vide notification Annexure-14 may be allotted to the persons in exchange whose names are mentioned in Schedule-A of the writ petition. At this stage, without ascertaining the correct position of land as well as the status of the petitioner and the persons whose names are mentioned in Schedule-A of the writ petition and other 200 Oad families, it is not proper to grant any interim order as prayed in the stay petition because there is no right created in favour of the petitioner as earlier 5178.01 bighas of land was kept reserved at Mohangarh. The petitioners being pakistani displaced persons cannot claim a particular land because the localities of desert are waiting for irrigation facilities from last so many decades and now Government is able to provide irrigation facilities to those persons and allotting land s per rules, therefore, first right of allotment of land cannot be snatched from the mouth of those person, who are waiting for better life in desert. The decision for rehabilitation of pakistani displaced persons was taken to provide them relief to live in the Court but on the basis of rehabilitation they cannot claim better right then the right of citizens of India. Therefore, if they want command land to be allotted to them then they can file proper application as per rules but no preference can be given to them. In these circumstances, in my opinion, there is no violation of any rights of the petitioners. Hence, they are not entitled to get any relief under Article 226 of the Constitution of India. It is also made clear that the petitioners are pakistani displaced persons and earlier 5178.01 bighas of land was kept reserved for them and if any grievance was there in the year 1990 when land was allotted to them then they were to raise objection at that time. Now after availability of irrigation facilities in the area, the allotment is to be made in accordance with law and no preferential right can be given to those persons who were rehabilitated in the Court. Accordingly, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun