STATE OF RAJASTHAN Vs. KISHAN SINGH & ANR.

JUDGEMENT

(1.) By this petition for writ, a challenge is given to order dated 10.6.2008 passed by the Board of Revenue, Rajasthan, Ajmer in Appeal/L.R./131/2004/Jalore (I.D. No. 5917/2004) - State of Rajasthan Vs. Kishan Singh.

(2.) In brief, the facts of the case are that as per the provisions of Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, a piece of land measuring 15 bighas was allotted to respondent No.1 in the year 1967. On 6.8.1999, the Patwari, Medha Uparla after inspecting the site, submitted a report to the Tehsildar that the allottee has not complied with the conditions for retaining the allotment. On basis of the report submitted by Patwari, the Tehsildar preferred an application before the Collector, Jalore to cancel the allotment made in favour of respondent No.1 by exercising powers under Rule 14 (4) of the Rules of 1970. The Collector, Jalore by order dated 04.11.2000 rejected the application submitted by the Tehsildar and the Revenue Appellate Authority by its order dated 7.10.2004 maintained the order so passed. The Board of Revenue also affirmed the orders passed by the Collector and the Revenue Appellate Authority.

(3.) While challenging the orders passed by the Collector, Revenue Appellate Authority and the Board of Revenue, the contention of the learned counsel for the petitioners is that the courts below failed to appreciate that as per Rule 14(3) of the Rules of 1970, the respondent should have cultivated at least 50% of the allotted land within the first year of allotment but as a matter of fact he was not even having possession on the land when the Patwari made inspection of the site.