MOHD HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Mohd. Hussain has applied for allotment of small patch of land before the S. D. O. , Suratgarh-respondent No. 4. His application was granted and the order of allotment of land was passed by S. D. O. , Suratgarh in favour of the petitioner on 4. 1. 95 and he was ordered to deposit Rs. 11,742/-which he deposited on the same day in treasury. However, immediately after passing of the order of allotment, the S. D. O. , Suratgarh realised that the land in question which was allotted to the petitioner was falling in the category of special allotment, therefore, it could not have been allotted as small patch of land. THErefore, on that very day i. e. on 4. l. 95, he passed an order of cancellation of allotment Annex. 3 and ordered that if the petitioner had deposited the said amount, the same shall be refunded to him. Aggrieved of this order, the petitioner filed an appeal before the Revenue Appellate Authority but the same was dismissed vide order dated 1. 9. 95 (Annex. 4) on the ground that the land does not fall in the category of small patch and it was reserved for special allotment, therefore, the order of cancellation was rightly passed. THE same was further challenged by the petitioner before the Board of Revenue by way of revision petition which was also dismissed on 31. 5. 2000 (Annex. 5 ).

(2.) AGGRIEVED of these orders at Annexs. 3, 4 and 5, the petitioner has filed this petition before this Court under Articles 226 and 227 of the Constitution.