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2025 DAILYLAW 25253 (RAJ)

HAZI ABDUL GAFFUR S/O SHRI HAZI NURUL HUDA v. DISTRICT COLLECTOR JHALAWAR

SAW/463/2024 · 2025-02-14

Manindra Mohan Shrivastava, Uma Shanker Vyas

body2025

Judgment text

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[2025:RJ-JP:6598-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No.463/2024 IN S.B. Civil Writ Petition No.1047/2008 Hazi Abdul Gaffur S/o Shri Hazi Nurul Huda, Aged About 89 Years, R/o Kota Road, Suket, Tehsil Ramganjmandi, District Kota, Rajasthan. ----Appellant Versus 1. District Collector Jhalawar, District Jhalawar, Rajasthan. 2. Commissioner, Nagar Palika, Jhalawar, Rajasthan. ----Respondents For Appellant(s) : Mr. Amit Jindal, Adv., with Ms. Deepti Jindal, Adv. For Respondent(s) : Mr. G.S. Gill, AAG, with Ms. Shikha Sharma, Adv. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 14/02/2025 1. Heard on admission. 2. Learned counsel for the appellant would submit that initially when the allotment letter was issued, the delivery of possession, payment of the premium and other charges were kept in abeyance under the directions of the Collector and therefore there was no occasion for the appellant to deposit various amounts payable under the allotment letter. Later on, an amended order of allotment was issued on 16.01.1999. However, this time the possession was not delivered to the appellant, therefore, there was no occasion for the appellant to deposit various charges under the order. [2025:RJ-JP:6598-DB] (2 of 2) [SAW-463/2024] 3. Further submission is that in course of time, the allotment was wrongly cancelled on certain recommendations. The part of the recommendation that some other land could be allotted to the appellant was not given effect to. 4. Amongst various grounds, one of the main grounds, on which the order of the learned single Judge proceeds, is that the appellant himself failed to comply with the condition of deposits, as stated in the allotment orders, particularly in order dated 16.01.1999. 5. As this fact is not in dispute, the appellant's case that unless possession was handed over to him, he was not liable to make payment of charges is not borne out from the conditions of allotment. 6. Therefore, we are not inclined to look into any other aspect of the matter. 7. Accordingly, the special appeal is dismissed. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ F.R. Bohra/Danish/04