Case Note & Summary
The petitioners, being the widow and children of the deceased ex-serviceman Manohar Dattatraya Shringare, filed a writ petition before the Bombay High Court seeking quashing of the order dated 31/01/2020 passed by the District Collector, Latur, which rejected their application for allotment of agricultural land under the Government Resolution dated 08/07/1998. The deceased ex-serviceman had served in the Armed Forces as Havildar from 1982 to 2006, putting in 24 years of service. After his death on 13/04/2021, the petitioners applied for allotment of land as legal heirs. The Collector rejected the application on the ground that the ex-serviceman himself had not applied during his lifetime. The High Court, after hearing the parties, observed that the Government Resolution dated 08/07/1998 provides for allotment of land to ex-servicemen and their legal heirs. The court held that the rejection was contrary to the policy and directed the respondents to consider the application afresh and allot land to the petitioners if they are otherwise eligible. The court also noted that the petitioners had made an application in 2019, which was rejected, and that the matter required reconsideration in light of the policy. The petition was allowed, and the impugned order was quashed and set aside.
Headnote
A) Service Law - Ex-Servicemen Welfare - Allotment of Land - Government Resolution dated 08/07/1998 - The petitioners, being the widow and children of a deceased ex-serviceman, sought allotment of agricultural land under the Government Resolution dated 08/07/1998. The Collector rejected the application on the ground that the ex-serviceman had not applied during his lifetime. The High Court held that the rejection was contrary to the policy and directed the respondents to consider the application afresh and allot land if the petitioners are otherwise eligible. (Paras 1-8) B) Constitutional Law - Writ Jurisdiction - Quashing of Administrative Order - The High Court exercised its writ jurisdiction to quash the impugned order dated 31/01/2020 passed by the District Collector, Latur, as it was found to be contrary to the Government Resolution and the principles of welfare of ex-servicemen. (Paras 2, 8)
Issue of Consideration
Whether the legal heirs of a deceased ex-serviceman are entitled to allotment of agricultural land under the Government Resolution dated 08/07/1998, and whether the Collector's order rejecting the application is sustainable.
Final Decision
The impugned order dated 31/01/2020 passed by the District Collector, Latur, is quashed and set aside. The respondents are directed to consider the application of the petitioners afresh and allot agricultural land to them if they are otherwise eligible, in accordance with the Government Resolution dated 08/07/1998. Rule is made absolute in those terms.
Law Points
- Government Resolution dated 08/07/1998
- Allotment of land to ex-servicemen
- Legal heirs entitlement
- Writ jurisdiction
- Quashing of administrative order
