Vikram Nath JUDGMENT
Hemant Gupta, J.
1. The challenge in the present appeal is to a judgment dated 19.04.2021 passed by the High Court of Judicature for Rajasthan whereby the order passed by the learned Single Judge on 13.11.2018 was upheld.
2. Shri Bheru Lal while serving as a Sepoy in the Indian Army suffered an injury on the right leg due to mine blast in the Indo-Pak war of 1965 which led to the amputation of his right foot. He was thereafter invalidated out of service.
3. The State has framed the Rajasthan Special Assistance to Disabled Ex-Servicemen and Dependants of Deceased Defence Personnel (Allotment of Lands) Rules, 19631. Shri Bheru was a disabled ex-serviceman within the meaning of Rule 2(a) of the said Rules. Rule 6 contemplated allotment of land upto 25 Bighas of irrigated or 50 Bighas of unirrigated land. Rule 3 contemplated that these Rules shall apply only to the Government lands falling within the Bhakra, Chambal or Rajasthan Canal Project Colonies and already reserved or to be reserved by notification in the Official Gazette for allotment to the disabled ex-servicemen. Further, Rule 7 contemplated the terms and conditions of allotment. Sub Rule 4 was inserted on 16.02.1967 in Rule 7 which reads thus:
4. In case the allottee fails to take possession of the land allotted to him within six months from the date of allotment, the allotment shall be deemed to have been cancelled and the land shall thereupon be available for re-allotment to any other person under these Rules.
4. It appears that Shri Bheru Lal applied for allotment of land in the category of disabled war personnel. The Soldier Welfare Section of the Revenue Department of the State sent a letter to the District Collector, Udaipur on 19.3.1971 wherein it was conveyed that it has been decided to allot 25 Bighas in Village Rohikhera, Tehsil Vallabhanagar comprising in Khasra Nos. 133, 135 and 137. The letter reads thus:
Rajasthan Government
Revenue (G) Department
The District Collector
Udaipur
No: Letter No. 77, F-9(15) of Raj. Dated ....March, 1971
Soldier Welfare Officer,
Office of the District Soldier Board,
Sub - Allotment of land and possession to permanently disabled soldier Sh. Bharon Lal S/o. Govinda Bhonyee, R/o. Bhayon Ki Pancholi, Tehsil Girva, Ballabhgarh.
Ref : Letter No. F12(2) 22/70
Sir,
On the basis of recommendations and directions, approval for grant of land vide circular No. DS Rav. LR SS Read dated 30.09.65, out of the land situated at Rohi Kheda Tehsil Ballabh Garh Nagar bearing Khasra No. 133, 135, 137 land 25 Bigha non irrigated land is allotted to permanently disabled soldier Sh. Bharon Lal S/o. Govinda Bhonyee, R/o. Bhayon Ki Pancholi, Tehsil Girva, Ballabhgarh.
With Regards
Sd/-
S.K. Bhat
Section Officer
Shekhawat
19.03.71
5. There is no letter of allotment of land issued to the husband of the writ Petitioner or to the writ Petitioner on record in pursuance of the above communication. The above letter is inter-departmental communication and not a communication to the disabled soldier. In fact, an affidavit was sought from the Revenue Secretary of the Government of Rajasthan and in such affidavit dated 06.05.2022, it was stated as under:
23. I further state that the original copy of the sanctioning letter dated 19.03.1971 is not available in the office of record room of the Respondent State.
6. Shri Bheru Lal died on 17.07.1998. The wife, Sovan Devi2 succeeded t........