HARBHAJAN LAL Vs. SARWAN SINGH

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner for following relief:

(2.) As per the facts of the case, vide order dated 11.8.1990 the learned District Collector, Udaipur passed an order as per provisions of Rajasthan Land Revenue (Conversion of Agricultural land for non-agricultural purpose) Rules, 1961 (hereinafter referred to as the Rules of 1961 for short) read with Industrial Area Allotment Rules, 1959 whereby land measuring 0.7600 hectare of Aaraji No.4038 to 4041 was leased out for establishment of Black Sulfur Industry upon certain terms and conditions. As per the terms and conditions of the allotment, the allottee was required to complete the construction of the industry and was to start business within 2 years of period but he has failed to start the Black Sulfur Industry, therefore, vide order dated 5.9.2006, the District Collector, Udaipur cancelled the allotment and passed an order to resume the land in favour of the State Government.

(3.) Aggrieved by the order dated 5.9.2006 the respondent no.1 preferred an appeal no.140/2006 under Section 75 of the Rajasthan Land Revenue Act, 1956 before the Revenue Appellate Authority, Udaipur. The Revenue Appellate Authority, Udaipuir allowed the appeal and quashed the order dated 5.9.2006 vide judgment dated 11.12.2007 and remitted the case to the District Collector, Udaipur for deciding the same afresh.