GAJBI CHAND MEENA & ORS. Vs. THE STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2013-9-351
HIGH COURT OF RAJASTHAN
Decided on September 30,2013

Gajbi Chand Meena And Ors. Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Amitava Roy, C.J. - (1.) HEARD Mr. Rajneesh Gupta, learned counsel for the petitioner. The pleaded facts, in brief, are that the petitioners are permanent residents of Village Gopipura, Tehsil Sapotra in the District of Karauli. They are aggrieved by the allotment of land measuring 5 bigha situated in Khasra No. 177/2/1, Village Gopipura, Tehsil Sapotra in favour of respondent No. 6 for setting up of the Industrial Training Institute (ITI), under the Rajasthan Land Revenue Act, 1955 and Rajasthan Land Revenue (Allotment of unoccupied Government Agriculture Land for Construction of Schools, Colleges, Dispensaries, Dharamshalas and other buildings of public Utility) Rules, 1963 (for short, hereafter referred to as 'the Rules') vide letter dated 3.1.2012 (Annexure -14 to the petition) of the Deputy Secretary, Revenue (Group -3) Department, Government of Rajasthan. According to the petitioners, the respondent No. 6 is already the allottee of land in villages Amarwad and Adadungar, Tehsil Sapotra in the District of Karauli. It submitted an application before the District Collector, Karauli for allotment of land for establishing an ITI in the year 2009, and though is not eligible for being recommended therefor, in absence, amongst others, of a recommendation to that effect by the Department of Technical Education, the concerned revenue authorities on extraneous considerations have furthered its cause eventually resulting in the allotment, as above. Pursuant thereto, the District Collector, Karauli has, by order dated 24.2.2012 (Annexure -15 to the petition) granted the allotment, amongst others, on the condition that within 18 months from the date of delivery of possession of the land, the building for the training institute would have to be constructed thereon. According to the petitioners, inspite of their several representations before the concerned authorities, no remedial action has been taken and they have turned to this Court for redress. Initially, this petition was filed before the learned Single Judge seeking an appropriate writ and/or direction or order for annulment of the letters dated 3.1.2012 and 24.2.2012 issued by the Deputy Secretary, Revenue (Group -3) Department, Government of Rajasthan and the District Collector, Karauli. Inspite of the fact that the orders impugned have been passed in the year 2012, more particularly, in the month of January and February, this petition has been filed on 23.8.2013. Except contending that the delay in filling the writ petition is on account of the assurance given by the respondents to cancel the allotment, no other explanation is forthcoming. Meanwhile, more than 18 months, as referred to in the letter dated 24.2.2012 as on date has expired.
(2.) UPON hearing the learned counsel for the petitioner, on a consideration of the pleaded facts, the documents on record and the time lag in between, we are not inclined to intervene. Be that as it may, it would still be open for the petitioners, if so advised, to file an appropriate representation before the Secretary, Revenue (Group -3) Department, Government of Rajasthan ventilating their grievances, as made herein, and if it is so done within a fortnight here from, the aforementioned authority would undertake an exercise to examine the merit of the contentions raised and do the needful in accordance with law. The petition is thus closed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.