Sangeet Lodha, J. - (1.) THIS writ petition is directed against notification dt. 7.6.96 issued by the State Government, whereby in exercise of the power conferred under the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in Bhakhra & Indira Gandhi Canal Project Colony Area) Conditions 1973 (for short "Conditions 1973"), the land ad measuring 550 bighas comprising various murabbas including murabba No. 92/47 in Chak DLSM and Chak RM, stands allotted to Mandi RD465. The facts relevant are that the State Government issued notification dt. 24.11.90, which was published in the official Gazette on 5.1.91, whereby the lands of Colonisation Tehsil - Chhatargarh No. 1 were reserved for special allotment. Jannat w/o Abdul Aziz alongwith two other applicants namely, Lakhvinder Singh and Jannat w/o Mohd. Hanif applied for allotment of the land comprising murabba No. 92/47 in chak 1 DLSM. All the three applicants were found eligible for allotment and accordingly, on the recommendation of the Advisory Committee, the land was put to auction. Lakhvinder Singh gave his bid for Rs. 40,000/ -. Smt. Jannat though deposited 35% of the value of the land as earnest money, refused to give her bid and therefore, the bid offered by Lakhvinder Singh being highest, the land was allotted in his favour. The application preferred by Smt. Jannat was rejected. The amount of Rs. 500/ - deposited by Smt. Jannat was directed to be refunded. It is stated that aggrieved by the order dt. 16.3,93, Smt. Jannat w/o Abdul Aziz filed two appeals and one appeal was filed by Smt. Jannat w/o Mohd. Hanif before the Revenue Appellate Authority (RAA), Bikaner, It is stated that vide order dt. 15.9.94, the RAA set aside the order dt. 16.3.93 passed by the Allotting Authority, allotting the land in favour of Lakhvinder Singh and the matter was remanded to the Allotting Authority to reconsider the applications after examining the priority under Rule 7 & 13 A of Rajasthan (Allotment & Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 (for short "the Rules"). It is alleged that pursuant to the remand order passed by the RAA, vide order dt. 29.10.99, the Sub Divisional Officer, Chhatargarh, found Smt. Jannat eligible for allotment of 13 bighas uncommand land comprising kila No. 13 to 25 of murabba No. 92/47 in chak 1 DLSM. The applicant -Smt. Jannat was directed to produce her bona fide resident certificate and the matter was directed to be placed before Allotment Advisory Committee. According to the petitioners, the matter was not required to be placed before the Allotment Authority in view of the recommendations already made by the Advisory Committee by its meeting held on 4.3.93 and thus, realising the mistake, the Allotting Authority did not place the file before the Advisory Committee, Smt. Jannat was accepted as allottee and was put into possession of 13 bighas of land comprising murabba No. 92/47. It is averred that on 3.6.13, Smt. Jannat made an application before the Sub Divisional Officer, Chattargarh and prayed that after remand order passed by the RAA, she is entitled to get the allotment order of the land issued in her favour. The application preferred by Smt. Jannat was rejected by the Sub Divisional Officer, Chhatargarh vide order dt. 3.6.13 observing that vide order dt. 29.10.99 the matter was required to be placed before the Advisory Committee and only after verification of the documents to be produced by the applicant -Smt. Jannat, the land was to be allotted in her favour, after determination of the value of the land. The Allotting Authority further observed that the applicant -Smt. Jannat having failed to deposit 35% of the value of the land and produce the documents for verification, her application for allotment automatically stands rejected.
(2.) AGGRIEVED by the order dt. 3.6.13, the legal representatives of Smt. Jannat who expired on 2.7.13 filed an appeal before the RAA, Bikaner accompanied by an application under Sec. 5 of the Limitation Act, which is pending consideration. It is submitted that during the pendency of the appeal before the RAA, the petitioners came to know from Patwari that the land claimed by the petitioners alongwith other lands, stand mutated in the name of Mandi Vikas Samiti, Bikaner vide mutation No. 81 dt. 2.4.08. As a matter of fact, the land in question alongwith other lands was allotted to the Mandi RD 465 by the State Government vide notification dt. 7.6.96. In these circumstances, while making an application before RAA for impleading Krishi Upaj Mandi Samiti/Krishi Vipnan Board, Bikaner through Secretary/Executive Engineer as respondent in the appeal, the petitioners have questioned legality of notification dt. 7.6.96 by way of this writ petition. Learned counsel for the petitioners contended that the allotment made in favour of Lakhvinder Singh having been set aside by the RAA and the matter having been remanded to the Allotting Authority vide order dt. 15.4.94, the land in question could not have been declared by the State Government as Mandi Area. Learned counsel submitted that after the remand, the land having been allotted in favour of Smt. Jannat, the allotment made will relate back to the year 1993 and therefore, the notification issued by the State Government notifying the land in question as Mandi Area, is not sustainable in the eyes of law, Learned counsel submitted that the land in question having been notified as the land available for special allotment under the Rules of 1975, the same could not have been declared as Mandi Area.
(3.) I have considered the submissions of the learned counsel and perused the material on record.;