1 ASHA RAM VS. COLONISATION COMMISSIONER, BIKANER & ANR. (S.B.CIVIL WRIT PETITION NO. 8488/07) Dated: 10.7.09. HON'BLEL MR.JUSTICE SANGEET LODHA Mr. G.R.Goyal, for the petitioner. Mr. Hemant Choudhary, Government Counsel. 1. In this writ petition , the petitioner has sought mandamus to the respondents to allot him 18 bighas land of Square No. 89/36 of Chak 19 S.L.D., tehsil Mohangarh B, Jaisalmer. 2. The petitioner applied for special allotment of agriculture land in the Indira Gandhi Canal Area under Rule 13 A of Rajasthan Colonisation (Allotment & Sale of Government Land in Indira Gandhi Canal Colony Area), Rules 1975( in short “the Rules of 1975” hereinafter). The petitioner was allotted 42 bighas and 5 biswas land in Murraba No. 123/11 and 123/12 of Chak No. 2 L.M.B. The petitioner deposited 35% of the price fixed, however, no allotment order was issued in his favour . Later, the petitioner came to know that the land of the aforesaid two squares allotted to him has been allotted by the Allotting Authority in favour of the Prema Ram s/o Shri Gopi Kishan and Jai Narayan s/o Gopi Kishan on 5.11.93. In these circumstances, the petitioner applied for the allotment of land in exchange of the land already allotted to him. The Allotting Authority rejected the application of the petitioner on 21.1.03 saying that there was no 2 allotment in favour of the petitioner therefore, the application preferred by him for allotment of the land in exchange cannot be entertained. 3. Aggrieved by order dated 21.1.03 passed by the Allotting Authority, the petitioner preferred an appeal before the Additional Commissioner, Colonisation-cum- Revenue Appellate Authority, Jaisalmer. After due consideration, order dated 21.1.03 was set aside by the Appellate Authority and the matter was remanded to the Allotting Authority to consider the application of the petitioner for allotment of 42.05 bighas land comprising Murraba Nos. 89/36 , 89/38, 89/43 of Chak 19 S.L.D. as desired by the petitioner, if the same has not been allotted to anybody else. 4. In compliance of the appellate order dated 23.11.04, the Allotting Authority allotted 42.05 bighas land to the petitioner as proposed vide order dated 15.2.06. In pursuance of the allotment order, Colonisation Tehsildar, Mohangarh -2 handed over possession of 12 bighas land in Square No. 89/43, Killa No. 14 to 25 and 6 bighas land in Square no. 89/36, Killa No. 2 to 7. The possession of the land of Square No. 89/32 could not be given to the petitioner inasmuch as, the said land had already been allotted to one Shri Munshi Ram s/o Mamchandra, an ex serviceman on 9.6.06. 5. The petitioner made the representation for allotment of the 3 remaining land and also requested the respondents to allot 18 bighas land in Square No. 89/36 of Chak 19 S.L.D. which is lying vacant. The petitioner also lodged a complaint before the District Collector, Jaisalmer on 12.11.07, however, he has not been allotted the remaining land till this date. The petitioner has also raised a grievance that out of the total 18 bighas of land allotted to him, as a matter of fact, he has been given possession of 12 bighas land only. Despite, the representations being made as aforesaid, the respondents have not cared to do the needful. Hence, this petition. 6. The respondents in reply to the writ petition have taken the stand that the petitioner was allotted 42.05 bighas land on 15.2.06 , however, he could not be given possession of the land of Murraba No. 89/38 inasmuch as, the same stood denotified from the category of special allotment and was allotted to an ex-serviceman Shri Munshi Ram. It is submitted that the application of the petitioner has already been referred to Land Exchange Committee on 18.8.07 and the same is pending consideration. 7. The claim of the petitioner for allotment of the remaining land in exchange is not disputed by the respondents. The respondents cannot be permitted to sit tight over the application of the petitioner for an indefinite period. It is really strange that the application for allotment of the land in favour of the 4 petitioner in exchange was referred to the Land Exchange Committee on 18.8.07 but, no decision has been taken thereon by the said committee till this date. The petitioner cannot be made to suffer for an indefinite period for no fault on his part. The respondent authorities as responsible public officers are under an obligation to redress the grievance of the petitioner with utmost expedition. 8. In the result, the writ petition succeeds, it is hereby allowed. The respondents are directed to consider the application of the petitioner for allotment of 18 bighas land of Square No. 89/36 of Chak 19 S.L.D. , Tehsil, Mohangarh B , Jaisalmer and pass an appropriate order for allotment of the land, if the said land is available for allotment, within a period of one month from the date of this order. If the said land is not available for allotment then, the respondents shall allot other alternate land to the petitioner in accordance with law within the period stipulated as aforesaid. No order as to costs. (SANGEET LODHA),J. ADITYA