BUGGI DEVI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed against order dated 01.03.1996 of the Board of Revenue, Rajasthan, whereby an appeal preferred by the petitioner against the order dated 20.02.1996 passed by the Colonisation Commissioner, Bikaner, canceling the allotment of land made in her favour in exchange of the land already allotted, has been dismissed.

(2.) The relevant facts in nutshell are that the petitioner was allotted land measuring 25 bighas comprising Murabba No. 226/56 and 17 bighas comprising Murabba No. 222/64 in Chak No. 18 PSD by the Assistant Commissioner Colonisation, Kolayat. Since the land allotted to the petitioner was not suitable for cultivation purposes therefore, she made an application to the Assistant Commissioner Colonisation, Indira Gandhi Nahar Pariyojana ("IGNP"), Kolayat for allotment of some other cultivable land. The Assistant Commissioner Colonisation directed Tehsildar to submit the report in this regard who in his turn asked the concerned Patwari to submit the repost. It was reported by the Parwari that the land allotted to the petitioner is not suitable for cultivation being covered by high sand dunes. After consideration of the report of the Patwari, the Assistant Commissioner Colonisation vide order dated 16.12.1991 while canceling the earlier allotment made in favour of the petitioner, allotted 21 bighas of command land comprising Murabba No. 64/17 and 64/33 in Chak 6 PSD.

(3.) The respondent No. 3 herein preferred an application for review of order dated 16.12.1991 passed by the Assistant Commissioner Colonisation, Kolayat contending that the land comprising Murabba No. 64/33 has already been allotted to his son Ramniwas in the year 1989 and therefore, the same could not have been allotted to the petitioner herein. On the factual report being requisitioned, the Patwari of the area concerned reported that 12 bighas land comprising khasra No. 64/33 Killa No. 11 to 14 and 17 to 24, 4 bighas land comprising Murabba No. 64/25 Killa No. 15, 16, 24, 25, 3 bighas land comprising Murabba No. 64/26, Killa No. 3 to 5 and 2 bighas land comprising Murabba No. 64/34 Killa No. 1 & 2, total 21 bighas land already stands allotted in the name of Ram Niwas s/o Shri Hajari Ram Bishnoi, however, since the allotment made was not entered in the revenue record, 10 bighas land comprising Murabba No. 64/33 was allotted in favour of Smt. Buggi Devi, the petitioner herein and possession thereof was handed over to her on 06.01.1992.