- (1.) Instant writ petition has been filed by the registered society "Brahmin Maha Sabha Khand Osian" to quash order dt. 25.02.2011 (Annex.-9) issued by the Collector, Jodhpur on the ground that it has been passed without jurisdiction, therefore, the same is void ab initio and, further, prayed that the respondents may be restrained from interfering in the peaceful enjoyment of the allotted land to the petitioner-society. As per facts of the case, upon application filed by the petitioner-society through its president Moti Lal Saraswat the State Government issued sanction for allotment of land measuring 3 bigha in khasra No. 1575, rakaba 12.05 bigha, for the purpose of construction of hostel for the students on 14.07.2008. For the purpose of sanction, proposals were made by the Sub Divisional Officer, Osian to the District Collector vide communication dt. 28.07.2007 and the District Collector forwarded the same to the Government on 25.07.2008 and, thereafter, the State Government issued sanction on 14.07.2008 in favour of the petitioner-society whereby the aforesaid allotment was made.
(2.) The District Collector, Jodhpur issued allotment order in pursuance of the sanction issued by the State Government vide Annex.-4 dt. 20.08.2008 in accordance with the Rajasthan Land Revenue (Allotment of Unoccupied Government Agriculture Land for Construction of Schools, Colleges, Dharmshala & Other Public Utility Buildings) Rules, 1963. In the allotment order, the District Collector determined the cost of land at the rate of 40,900/- per bigha and issued direction to the petitioner-society to deposit Rs. 1,22,700/- for allotment of 3 bigha land. The petitioner-society deposited the cost determined by the Collector and commenced construction after taking possession of the land in question.
(3.) In the writ petition, it is stated by the petitioner-society that all of a sudden, the District Collector, Jodhpur issued cancellation order on 25.02.2011 after three years of allotment whereby the allotment made in favour of the petitioner after due sanction by the State Government on 20.08.2008 was cancelled without providing any opportunity of hearing to the petitioner-society.;