Jaishree Thakur, J. - (1.) The present appeal has been filed under Rule 134 of the Rajasthan High Court Rules, 1952 against the order dt. 29.8.2013 passed in S.B. Civil Writ Petition No. 10679/2013 dismissing the writ petition of the appellant. The appellant applied to purchase land situated in Chak No. 6 -9 KRM, comprising in Murabba No. 77/60 measuring 6 bighas in command land and 19 bighas in uncommand land to the Allotting Authority cum Deputy Colonization Commissioner, Nachana in auction proceeding. Along with the application, the appellant also deposited 5% amount of the reserve price and filed an affidavit in support of the fact that he is bonafide resident of Rajasthan, not having land in excess to the ceiling limit. The appellant offered highest the bid for allotment of land under Sec. 20 -F of the Colonization Act, 1975. The appellant also deposited 20% amount of auction on the very same day. Thereafter the file was sent to the Colonization Commissioner, Bikaner for confirmation of the auction, who after a gap of two years rejected the bid of the appellant on 3.11.2011 on the ground that the appellant had not produced a certificate of "bonafide resident of Rajasthan". Aggrieved against the order of Colonization Commissioner, the appellant preferred revision petition before the Board of Revenue which was dismissed on 2.7.2013. This came to be challenged before this High Court by way of filing S.B. Civil Writ Petition No. 10679/2013 and the same was also dismissed.
(2.) The learned Single judge dismissed the petition in limine by holding that there was violation of provisions of Rule 20(d) of the Rajasthan Colonization (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area), Rules, 1975 (for short 'the Rules of 1975'), which specified that no person shall be allowed to bid unless he has been a bonafide resident of Rajasthan for a period of not less than ten years prior to the date of bid. It was held that the appellant had failed to produce the requisite certificate showing himself to be a bonafide resident of Rajasthan for a period of ten years. It was also noted in the judgment that the application made by the petitioner had an endorsement on it to the effect that the allotment is conditional and the petitioner is required to produced the certificate of 'bonafide resident of Rajasthan'. The rejection of the bid was upheld while holding that no right accrued in favour of the appellant to claim allotment merely on the ground that the bid offered by him was the highest. Aggrieved against the dismissal of the writ petition, the present appeal has been preferred.
(3.) It is contended by Mr. Varun Goyal, counsel appearing for the appellant that he had applied for allotment of 6 bighas command land and 19 bighas uncommand land to the Allotting Authority cum Deputy Colonization Commissioner. Along with the bid application, the appellant had filed an affidavit in which he has specified that he was a bonafide resident of village/Chak Pache ka Tala, Tehsil Pokaran, District Jaisalmer (Rajasthan) and that his bid has been wrongly rejected.;