1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.493/2008 (Rewa Shanker Dave Vs. State & Ors.) Date of order : 21.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Akhilesh Rajpurohit, for the petitioner. Mr. O.P. Boob, Addl. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, a freedom fighter of the country has challenged the order dated 26.12.2006 Annexure-11 whereby the State Government has rejected the claim of the petitioner for allotment of agriculture land on the ground that he is 75 years of age and will not be able to cultivate the land. Learned counsel for the petitioner submits that the condition upon which the claim of the 2 allotment of agriculture land has been rejected is non-existent under the rules known as Rajasthan Political Sufferers Aid Rules, 1959. Hence, the rejection of the petitioner's claim is totally arbitrary and illegal. Therefore, in the interest of justice, without entering into the merits of the case, the order impugned rejecting the application of the petitioner for allotment of agriculture land is quashed and the matter is remitted to the Government for decision afresh. The authorities concerned are directed to reconsider and decide the application of the petitioner for allotment of land strictly in accordance with the Rules of 1959 without insisting upon the condition that the petitioner is more than 75 years of age. The said application shall be decided by the authority concerned within a period of one month from the date of receipt of certified copy of this order. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun