IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL REVIEW PETITION NO.40/2007 IN S.B. CIVIL WRIT PETITION NO.2636/2002 07.01.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri M.S. Raghav, Additional Advocate General with Shri Arvind Pareek, for the applicants-petitioners. Shri R.A. Katta, for the respondent. Perused the application under Section 5 of the Limitation Act. On the grounds mentioned therein I am satisfied that there is sufficient cause for condonation of delay in filing the review petition. The application under Section 5 of the Limitation Act is consequently allowed and delay condoned. Heard learned Additional Advocate General as well as the learned counsel for the petitioners non- applicants on the review application. In this review petition the first ground which has been urged is that the non applicants/petitioners in the writ petition were not entitled to any allotment of land in view of the fact mentioned in para 6 to the review petition. So far as the above contention of the learned Additional Advocate General appearing on behalf of the State is concerned I have perused the writ petition and in the writ petition filed by the State Government through Collector no such ground, as has been sought to be urged in para 6 of the review petition has been taken. In that view of the matter there cannot be said to be any error apparent on the face of the record or that the impugned order dated 7.7.2006 disposing of the writ petition call for review on that ground as no new ground can be urged in review which was not taken in the writ petition. The next submission of the learned Additional Advocate General appearing on behalf of the State Government is that the entire land of 60 bighas and 16 biswas which was ordered to be alloted by the Jagir Commissioner is part of the land which is liable to submerge in the “Kalak Dam” and therefore by virtue of the provisions of Section 16 of the Rajasthan Tenancy Act 1955 the allotment is bad. So far as the above contention is concerned this court while disposing of the writ petition vide order dated 7.7.2006 has already taken care of the fact and has directed that the amount of land which falls in the category of “Talab” and is incapable of allotments the same may be excluded out of the 60 bighas and 16 biswas of land out of khasra to be alloted to the non applicants-petitioners and equal amount of alternative land be allotted. It is the duty of the State Government to determine from the revenue record as to how much the land out of the 60 bighas and 16 biswas would be submerged and not be available for allotment and make consequential allotment of alternative land. The order dated 7.7.2006 to that extent is clarified. No other relief can be granted to the applicant State and the order call for no further review. The review petition is accordingly disposed of in terms of the order dated 7.7.2006. Three months time is alloted to the State Government to comply with the directions contained in the order dated 7.7.2006 as clarified by this order. The time of three months shall run with effect from the date of submission of the certified copy of this order to the respondents by the petitioner. The review petition stands disposed of. The application under Section 5 of the Limitation Act as well as application are accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS