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Case: Khere Khan @ Kherdeen and Sheria Vs State of Raj. and Ors.. Rajasthan High Court

Judgment Cited in Precedent Map Related
Vincent
JudgesVineet Kothari, J.
IssueProperty Law
Judgement DateApril 12, 2010
CourtRajasthan High Court

Judgment:

Vineet Kothari, J.

  1. Heard learned Counsel for the petitioner.

  2. By the impugned order dated 04.06.2008, the Board of Revenue, Ajmer has dismissed the petitioners' revision under Section 23(2) of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (hereinafter referred to as "relevant rules").

  3. The Board of Revenue has held that the allotment of land in question to the petitioner was cancelled on account of the report of the District Magistrate that the petitioner is involved in antinational activities and as many as four cases were lodged/instituted against him under the Provisions of Passport Act, Arms Act and also NDPS Act.

  4. Learned Counsel for the petitioner Mr. LD Khatri contended that:

    (I) The petitioner was not given an opportunity of hearing before cancellation of allotment under Rule 16(6) of the relevant Rules and (ii) that in four criminal cases referred by the competent authority in the order dated 08.10.1997, the petitioner was discharged/acquitted, even prior to passing of the said order. He further submits that the impugned order deserves to be quashed and being in violation of principles of natural justice and the Board of Revenue has erred in rejecting the revision petition of the petitioner.

  5. On the other hand Mr. R.L. Jangid learned Addl. Advocate General, and Mr. Hemant Choudhary, learned Counsel appearing for the respondents contended that Rule 16 of the relevant rules containing terms and conditions of the allotment envisages that the land of the said colony can be allotted to the residents of that area, subject to conditions stipulated therein and Rule 16(6) empowers the allotting authority to cancel such allotment, if the District Magistrate reports that the allottee of...

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