SANDEEP MEHTA,J. - (1.) By way of this writ petition under Article 226 of the Constitution of India, the petitioner institution has approached this Court with the following prayers: "It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for and by an appropriate, writ, order or direction; (i) Writ petition of the petitioner may kindly be allowed with costs. (ii) The impugned order dated 03-03-11 (Annexure P-22) passed by the respondent No. 3, district collector, Jodhpur may be quashed and set aside qua the petitioner. (iii) That the impugned order dated 03-09-09 (Annexure P-20) passed by the respondent No.2, Principal, Department of Revenue, Govt. of Rajasthan may be quashed and set aside qua the petitioner. (iv) The respondents may be directed to issue the allotment letter in favour of the petitioner society of the 12 bighas land allotted to the petitioner in Khasra No. 1885 and 1887."
(2.) Facts in brief are that the petitioner institution, a society which has been constituted with the aim of up-liftment of the educational status of girls, applied for allotment of 100 bighas of land for establishment of various facilities so as to subserve the objectives of the society. The application submitted by the petitioner to the Revenue Minister was forwarded to the District Collector, Jodhpur who, in turn, sought report from the Tehsildar Osian after inspection and investigation of the suggested site. The Patwari prepared a proposal report dated 24.6.2008 opining that 12 bighas of Gochar land could be allotted to the petitioner after setting apart identical chunk of land for Gochar purposes. The proposal of the Patwari was approved by the Gram Panchayat Osian. The District Collector forwarded the requisite documents with his recommendations to the State Government which approved allotment of the land ad-measuring 12 bighas to the petitioner society at 50% of DLC rate in the khasras Nos.1885 and 1887 of Village Gram Panchayat Osian under the Rajasthan Land Revenue Rules, 1963. The society was asked to deposit a sum of Rs. 1,08,575/- so that proceedings could be carried further. The petitioner deposited the initial charges to the tune of Rs. 1,08,575/- in the govt. treasury but the allotment letter was forthcoming. It appears that while the petitioner was pursuing the matter with the authorities, the ruling party in the State Government changed hands. The petitioner society filed an application under the Right to Information Act and it received a copy of the letter dated 20.12.2010 forwarded by the Deputy Secretary, Department of Revenue, Govt. of Rajasthan to the District Collector, Jodhpur. along with the letter, minutes of the Cabinet Sub Committee meeting dated 15.6.2009 and 2.7.2009 were annexed as per which, the allotments made to various societies alike the petitioner were cancelled without assigning any reasons whatsoever. Thereafter, the petitioner received the impugned order dated 3.3.2011 (Annex.P-22) intimating it that the allotment of 12 bighas of land made to it was being cancelled. The said order is assailed by the petitioner through this writ petition filed under Article 226 of the Constitution of India.
(3.) The respondents have filed a reply virtually admitting all the averments made in the writ petition but the only substantial plea which is raised to counter the petitioner's prayer is that the land allotted to the petitioner is still recorded as Gochar land and the land given by way of compensation to offset the loss of 12 bighas to Gochar land bearing Khasra No.1889, is entered in the revenue record as Gair Mumkin Bhakhar and thus, the same cannot be converted to Gochar category and the loss caused to Gochar land by allotment of 12 bighas therefrom to the petitioner cannot be compensated therefrom.;