S.B. Civil Writ Petition No. 2969/99. Case: Arjun Ram Vs Board of Revenue Rajasthan, Ajmer and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 2969/99 |
| Counsel | For Appellant: C.R. Jakhar, Adv. and For Respondents: O.P. Boob, Government Counsel |
| Judges | Sangeet Lodha, J. |
| Issue | Rajasthan Tenancy Act, 1955 - Sections 5, 53, 53(1) |
| Judgement Date | August 06, 2015 |
| Court | Rajasthan High Court |
Order:
Sangeet Lodha, J.
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This petition is directed against the order dated 2.5.95 of the Board of Revenue, Rajasthan, Ajmer, dismissing the appeal preferred by the petitioner against the order dated 22.12.89 of Revenue Appellate Authority ('RAA'), Jodhpur, affirming the order dated 25.3.85 of the District Collector, Nagaur, cancelling the allotment of land made in favour of the petitioner.
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The petitioner applied for allotment of land in Village Panchla Siddha, Tehsil and District-Nagaur to the Sub-Divisional Officer ('SDO'), Nagaur under the provisions of Rajasthan Land Revenue (Allotment of Land for Agriculture Purpose) Rules, 1970 ('the Rules of 1970'). The SDO, Nagaur, after consultation with the Advisory Committee allotted 20 bighas of land in Khasra No. 671 in favour of the petitioner vide order dated 18.9.72. The possession of the land was handed over to the petitioner and the petitioner started cultivating the land. Later, it was revealed that the petitioner is not a landless agriculturist entitled for allotment and therefore, the proceedings were initiated against him by the District Collector, Nagaur, for cancellation of allotment in exercise of power conferred under Rule 14(4) of the Rules of 1970. The allotment made was cancelled by the District Collector, after giving an opportunity of hearing to the petitioner vide order dated 20.1.81. The order was appealed against by the petitioner before the RAA, which was allowed vide order dated 27.2.82 and the matter was remanded to the District Collector for consideration afresh, after giving an opportunity of hearing to the petitioner.
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After due consideration, the District Collector arrived at the finding that the petitioner was holding the khatedari land measuring 23 bighas and 12 biswas of Khata No. 143 and therefore, he was not a landless agriculturist, entitled for allotment under the Rules of 1970. The District Collector observed that the petitioner is also in possession of 40 bighas and 15 biswas khatedari land of his brother Bagadia who has died and his wife and two minor daughters are residing with the petitioner. The District Collector found that the petitioner was having land more than 10 acres in his possession and therefore, the allotment made in his favour, is in violation of Rule 12 of the Rules of 1970 and accordingly, the allotment made was ordered to be cancelled.
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Aggrieved thereby, the petitioner preferred an appeal before the RAA, Jodhpur, which stood dismissed vide order dated 22.12.89. The second appeal preferred by the petitioner aggrieved by the appellate order dated 22.12.89, also stands dismissed by the Board of Revenue by the order impugned. Hence, this petition.
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Learned counsel for the petitioner contended that in the land...
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