- (1.) These two matters: CWP No. 332/1999, filed as a Public Interest Litigation, and SAW No. 1224/2000, filed against the order dated 05.04.1999 as passed in CWP No. 5117/1994, being related to the same dispute, have been considered together; and are taken up for disposal by this common order.
(2.) The dispute relates to allotment of land at Pipar City, Tehsil Bilara to the two communities for the purpose of construction of hostels. The appellant in SAW No. 1224/2000, the Municipal Board, Pipar City filed the writ petition (CWP No. 5117/1994) with the submissions that some part of the land comprised in khasra No. 2310 and recorded as gair-mumkin nadi was earlier encroached over by certain persons and in apprehension of breach of peace, proceedings under Section 145 Cr.P.C. were initiated wherein the land in question was attached. The petitioner stated the apprehension that some persons were making efforts to get the land allotted in their names though the land could not be so allotted as the same was being used by the public at large and the petitioner intended to develop the same as a play ground and park.
(3.) During the pendency of the aforesaid writ petition, the Government in its Revenue Department proceeded to issue an order dated 30.12.1997 conveying the sanction that from out of the land comprised in khasra No. 2310, 5 bighas each may be allotted to Jat Samaj and Mali Samaj for the purpose of construction of hostels under the Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands for the construction of Schools, Colleges, Dispensaries, Dharamshalas and other Buildings of Public Utility) Rules, 1963. Pursuant to the said order dated 30.12.1997, the Collector, Jodhpur proceeded to issue the order dated 26.03.1998 making allotment of the land to the said two communities.;