1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.16412/2010 Kulsha Ram Vs. State Date of order : 15/12/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vinod Gupta for the petitioner. ****** Issue notice. Shri S.D. Khaspuria, learned Additional Government Counsel accepts notice on behalf of respondents. The writ petition was filed by the petitioner aggrieved by the action of the Gram Panchayat who has allotted the land of khasra no.256 to school, whereas this land according to petitioner was in his possession for last 40 years. This Court by its order dated 20.11.2010 directed the petitioner to make a representation to the respondents and further directed the respondents to decide such representation within a period of one month. When the petitioner made such representation, the SDO by its order dated 9.12.2010 rejected the representation on the ground that now case of the petitioner cannot be considered because he has already been evicted. In other words, the representation has not been decided on merits. Having regard to the fact that the petitioner was asserting that he was in possession of the disputed land for last more than 40 years and that he has been 2 illegally dispossessed, whereas according to the policy of the respondent-State he was entitled to regularisation on such terms, which was done in so many other similar cases. This Court passed a specific order directing the respondents to decide the representation of the petitioner. The SDO, Dudu has not decided the representation of the petitioner on merits, but rather rejected the same on the ground that since petitioner has already been evicted, his case cannot be considered. The merits of the case should therefore be addressed. In the circumstances, impugned order dated 9.12.2010 is set aside and the matter is remanded back to the SDO, Dudu to decide the representation of the petitioner afresh after providing opportunity of hearing to him in accordance with law within six weeks from the date of its making. However, till disposal of the representation of the petitioner, status quo with regard to land in dispute shall be maintained. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. RS/-