K. Kannan, J. - (1.) THE writ petition challenges the proceedings of the Government giving directions for allotment of nazool lands in rural areas. The impugned communication sent to the Deputy Commissioner in the State issued on 13.09.1989 allows for allotment of nazool lands to eligible landless scheduled caste families at the rate of 3 acres of irrigated land or 6 acres of unirrigated land or 9 acres of banjar land by draw of lots. In purported exercise of the procedure prescribed under the impugned communication, the State had sought to make an allotment of certain properties categorised as nazool lands in favour of respondents No. 4, 5, 8 and 9. The grievance of the petitioner is that the same property have been granted on lease in his favour through an auction held on 15.07.1989 for the year 1989 -1990. The auction was for the grant of lease of specific Khasra numbers, which was claimed by the petitioner as already in his possession as a lessee. The property was to the extent of 59 bighas and 7 biswas. The contention is the transfer of nazool lands is Government through the Nazool Lands (Transfer) Rules, 1956 and rule 3 stipulates as under: "3. Transfer of Nazool land In a village where Nazool land available is less than 10 acres and is being leased to members of Scheduled castes, it may be allotted to the present lessees individually upto the limit of a unit of Nazool land provided they do not own any land of their own. Those who own some land, they may be allowed such area as would make up the unit of Nazool land as defined in the rules, when added to their own land, and the rest may be allotted to others. (b) In the villages where nazool land available is 10 acres or more the scheduled castes land owning co -operative societies may be formed by the heads of scheduled castes families in accordance with these rules: and the Nazool land may be allotted to present lessees, i.e. members of Schedules Castes individually upto unit of Nazool land as defined in the rules provided they do not own any land of their own. Those who own some land they may be allowed such area as would make up the unit of Nazool land when added to their own area and the rest may be allotted to other members of Schedules Castes. In the matter of allotment of Nazool land under sub -rules (a) and (b) above, the ex -servicemen Harijan shall be given preference over other Harijans cultivating Nazool land."
(2.) THE petitioner would contend that in the face of express rules providing for allotment to present lessees individually upto specified unit of nazool lands defined under the rules, the procedure adopted by draw of lots through notification was not tenable. The allotment was said to have been made on 06.12.1989. A prayer in the writ petition also is that any allotment made to respondents No. 4 to 8 should be quashed and that it should be allowed only to the petitioner in his capacity as a lessee. The contention in defence by the State is that the impugned communication is to be read as a modification of the Rules and the allotment made by draw of lots must be merely taken to be a procedure to carry out the scheme under the rule for optimal utilization of the nazool lands. The impugned directions cannot, therefore, be challenged. The State and allottees have a defence that the petitioner also had actually participated in the draw of lots held on 06.12.1989 and only after he failed in his attempt to secure the allotment, he concealed his actual participation and filed a writ petition.
(3.) THE Nazool Lands (Transfer) Rules are with reference to properties which are escheated to the Government. The rules are framed for transfer of nazool lands under the Government Grants Act. The Rules have been published in the Gazette have statutory character for enforcement as law. There is no denying the fact that Rule 3 provides for an allotment of the property to a Cooperative Society and where no Cooperative Society could be formed, then it may be allotted to the present lessees or members of the scheduled castes upto the unit of the land defined in the rules. There is specific averment in paragraph 2 of the writ petition that the petitioner was a resident of the village Chalheri and the properties with specific Khasra numbers have been granted in lease for the year 1989 -90 in auction held on 15.07.1989.;