JUDGEMENT
-
(1.)These writ petitions as per Schedules A and B raise common questions of law, though there may be some additional features in some of the petitions. A joint request was made by the learned counsel for the petitioners M/s. M. Mridul, and I. J. Lodha, on behalf of the petitioners and A. K. Mathur, Additional Advocate General on behalf of the State of Rajasthan, that it would be in the interest of justice if they all are heard and decided together. Since I was of the view that the request was fair and reasonable, all these writ petitions are being decided by this common judgment.
(2.)All the writ petitioners are claiming agricultural land in various parts of Sri Ganganagar district of Rajasthan State and, their long drawn battle relates to the effort of the respondents to either take possession of some land by declaring surplus or refuse allotment under the various laws which would be referred a little late, and the rival efforts of the petitioners to hold on the land by claiming it under one category or the other and then challenging the orders one after the other in judicial forum on manifold grounds.
(3.)The principal relevant law may now be referred first. Rajasthan Colonisation Act, 1954 (hereinafter referred to as 'the Colonisation Act') and the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Tenancy Act') (are the principal basic statutes. Under the nomenclature of the rules, conditions have been framed from time to time. The Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 (hereinafter referred to as 'the Rules of 1975'), the Rajasthan Colonisation (Sale and Allotment of Government Land to Post-1955 Temporary Cultivation Lease holders and other Landless Persons in the Rajasthan Canal Project Area) Rules, 1971 (hereinafter, for short, called as the Post-1955-Rules of 1971) are the principal laws which are relevant, although reference may be required to be made of various rules and notifications, also, the Rajasthan Colonisation (Bhakhra Project Government Lands Allotment and Sale) Rules, 1955 (hereinafter, for short, referred to as 'the .Bhakhara Rules, 1955').
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.