SINGH, J. - (1.) THIS is a writ petition by the petitioner who participated in various international events of Tent Pegging Championship and Equestrian Games, the details of which have been given in Annexure-1, a letter from the Sports Council of Rajasthan dated 27. 3. 1994 wherein the petitioner has won Gold and Silver Medals both in individual championship and team championship. The details of the same are as follows:- ``1. International Tent Pegging Champ. Headstone, New Jersey (USA) Team Champ. Gold Medal Individual Champ. Silver Medal. 2. International Tent Pegging Champ. 1990 New Jersey (USA) Team Champ. Gold Medal Individual Champ. Gold Medal 3. International Tent Pegging Champ. 1991 New Jersey (USA) Team Champ. Gold Medal. Individual Champ. Gold Medal. 4. The Classic National Equestrian Championship, 1991. Tent Individual Champ. 2nd Position Pegging Team Champ. 2nd Position 5. National Tent Pegging Championship, 1992 Team Champ. Winner. ''
(2.) THE Government has framed the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (hereinafter referred to as ``the Rules of 1975'' ). Rule 24 of the Rules of 1975 provides as under:- ``notwithstanding anything contained in these rules the Government may make allotment to any person as a special case. Provided that Government may delegate the powers of allotment in any case or a class of cases under this rule to the colonization commissioner or the Collector or to any other prescribed authority, subject to such terms and conditions as may be prescribed in this behalf. '' With a view to give effect to Rule 24 of the Rules of 1975, the Government of Rajasthan on 27. 7. 1982 issued the following circular (Annexure 2):- ************* In pursuance of the aforesaid Rules and the Circular of the Government, the petitioner was allotted land vide order dated 21. 7. 1994 (Annexure-3 ). The said order reads as follows:- ************* Thereafter, the petitioner was issued on order (Annexure 4) dated 9. 9. 1994 for allotment of one Murabba and to appear before the Deputy Commissioner, Colonisation, Nachna for the purposes of allotment. Subsequently, the Assistant Commissioner, Colonisation ordered for the allotment of the land of Namchak 16500 RDDODD (R) murabba No. 80/92 situated at Tehsil Pugal, District Bikaner. Order to that effect has been filed as Annexure 5 dated 28. 4. 1995. In the meanwhile, the Deputy Secretary vide Annexure 6 dated 21. 4. 1995 sent a handwritten note stating that he has been directed to inform that operation of the order dated 21. 7. 1994 has been stayed. The petitioner thereafter approached the Chief Minister's Secretariat by means of representation and was informed vide letter dated 30. 5. 1995 that the matter is under consideration. When nothing was heard in the matter, the petitioner sent a representation (Annexure 8) for demand of justice but even then nothing favourable happened. The petitioner then filed the present writ petition on 10. 4. 1997 and on notices being issued, the respondents filed a reply in which interalia it was submitted that the allotment of land to the petitioner has only been stayed and not canceled so far.
(3.) WHEN the matter came up before this court on 9. 1. 2006, this Court inquired from the Government Advocate as to what has happened in the matter after 21. 4. 1995 and whether any decision has been taken in the matter as the allotment had only been stayed. It was ordered that the case be listed on 27. 1. 2006. On 27. 1. 2006, the Deputy Government Advocate filed an additional affidavit and along with the same has filed the document (Annexure R/1/1), letter of the Deputy Secretary to the Government, Department of Revenue (Colonisation), Jaipur addressed to the Commissioner (Colonisation), Bikaner dated 25. 1. 2006. As per the communication dated 25. 1. 2006 (Annexure R/1/1/), the Deputy Secretary has communicated to the Commissioner that in the special category of cases which have been provided under Rule 24 of the Rules of 1975 as per the Circular dated 27. 7. 1982 (Annexure 2) only such sports persons who have participated and won medals in the Olympics, Common Wealth Games or Asian Games alone are entitled to be considered as eligible for the allotment of the land and only these games would be considered to be international events and, therefore, it was decided by the Government that the allotment made vide order dated 21. 7. 1994 in favour of the petitioner be quashed. ;