UDA Vs. BOARD OF REVENUE AJMER

JUDGEMENT

(1.) THE petitioners challenge the order of the Board of Revenue dt. 5. 4. 90 (Annexure-10) and dt. 15. 10. 90 (Annexure-11 ).

(2.) THE facts of the case giving rise to this petition are that petitioners alleging themselves to be in possession of the land in question had applied for regularisation of the said land in their favour. It appears that land over which regularisation was claimed by the petitioners has been allotted 5 bigha of land in Khasra No. 1179 on application being made to respondent No. 5 Chhagan Lal on 19. 10. 77. At that time status of present petitioners were of trespassers. THE order of allotment in favour of Chhaganlal was later on affirmed by Board of Revenue on 4. 8. 87. During this period the present petitioners applied for regularisation of land in their possession as trespassers admeasuring 4 bighas of land in Khasra No. 1179. THE allotment was made in favour of the said Chhagan Lal on 19. 10. 77. In the first instance it was cancelled at the instance of present petitioners by the SDO because of the pendency of regularisation proceedings. Against the order cancelling the order made in favour of the Chhaganlal, he preferred an appeal before the Revenue Appellate Authority to which the present petitioners were parties. THE said appeal of Chhaganlal was allowed on 25th Jan. 1982 holding that allotment made in favour of Chhaganlal to be valid and not liable to be set aside on the complaint made by the present petitioners.

(3.) LEARNED counsel for the petitioner urged that since he has made an application for regularisation prior to allotment having been made in favour of Chhaganlal, his rights to regularise cannot be denied by subsequent allotment made in favour of any person.