TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant while being a Gram Sewak had applied for and was assigned on 18/11/1968, 5 bighas of land in Khasra No. 106 of Village Ramakhera, Tehsil Nimbahera under Rajasthan Colonization (Medium and Minor Irrigation Projects government Lands Allotment) Rules, 1968, for short 'the Rules'. By proceedings dated 20/6/1980, the Additional Collector, Chittorgarh, cancelled the allotment on the ground that the appellant had concealed the fact that he was working as a Gram Sewak at the time of application and allotment and that he was not a bona fide agriculturist and he is not a landless person. On appeal it was confirmed and in second appeal Board of Revenue confirmed the same. The appellant filed the Writ Petition No. 2394 of 1990. The division bench by order dated 12/7/1990 dismissed the same. Thus, this appeal by special leave. It is not disputed that a person who wants to obtain allotment of land under 'the Rules' must be a landless person.

(2.) Rule 3 (vi-A) defines "landless person" as:

(3.) A reading thereof clearly indicates that the following conditions should be fulfilled for a person to be the landless person, namely, (i) he must be a resident of Rajasthan, (ii) he must be a bona fide agriculturist or an agricultural labourer cultivating or likely to cultivate the land personally and whose main source of income is agriculture or any subsidiary occupation like cattle breeding etc. provided that such person does not hold any tenure land anywhere in Rajasthan or such land that he holds is less than a fragment, he becomes eligible for assignment of land as a landless person. The provisoand the explanation thereto were added by an amendment in 1976 with which we are not concerned.