Prakash Tatia, J. - (1.) The petitioner challenged the order dated 10.4.1995 (Annex.8) and order dated 27.4.2001 (Annex. 9) by filing S.B.Civil Writ Petition No.2364/2001, which has been dismissed in limine by the learned Single Judge vide judgment dated 11.7.2001. Hence this special appeal has been preferred by the appellant to challenge the judgment of the learned Single Judge dated 11.7.2001.
(2.) The writ petitioner's contention is that he initially submitted an application for allotment of land in Chak No. 18 BLD under the provisions of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975( for short "the Rules of 1975") and he also deposited Rs.500/- as earnest money on 30.11.1988. There were total five applicants for this land and the petitioner was not found eligible for allotment of this land, therefore, his application for allotment of land of Chak No. 18 BLD was rejecting by the allotting authority vide order dated 8.3.1989. The writ petitioner then prayed for allotment of Chak No.19 BLD, Murabba No.15/19, 15/45, 15/36. The petitioner's this application was allowed and then the land was allotted to him by the land allotting authority vide order dated 26.4.1989. In pursuance of said allotment order, a cash deposit challan was given to him, upon which the petitioner deposited Rs.25,457/- on 26.4.1989 as required under the Rules and that was 35% of total cost of the land allotted to the petitioner. Then the allotment letter for the land in question was issued to the petitioner on 1.5.1989. The petitioner developed the land and started cultivating and then deposited Rs.18,000/- on 9.11.1990, Rs.19836/- on 7.3.1991 and Rs.22,381/- on 2.2.1994, thereby, the petitioner paid the total cost of the land by February, 1994 and according to the petitioner since then the petitioner is in possession of the property in dispute.
(3.) However, a case was registered before the Deputy Commissioner, Colonisation, Bikaner against the petitioner under rule 22(3) of the Rules of 1975 on the basis of the report of the Deputy Commissioner, Colonisation(Vigilance), Bikaner. The Deputy Commissioner, Colonisation (Vigilance), Bikaner pointed out that in the land allotment file, the order-sheets dated 30.11.1988 and 30.12.1988 were not signed by the allotting authority. However, the order of allotment dated 26.4.1989 was duly signed by the allotting authority. It was also pointed out that the petitioner applied for the land of Chak No. 18 BLD, Murabba No.35/1, whereas he has been allotted altogether different land which is of Chak No.19 BLD, Murbba No. 15/36, 15/45 and 15/19 and, therefore, the allotment of land in favour of the petitioner is illegal and, therefore, was liable to be set aside.;