SURJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order of the Deputy Commissioner Colonisation, Rajasthan Canal Project dated 7-5-76 (Ext. 2), of the order of the Additional Commissioner Colonisation dated 19-2-1977 (Ex. 3) and of the order of the Board of Revenue dated 27-12-1979 (Ex. 4).

(2.) The petitioner was allotted 25 Bighas command land by the Assistant Commissioner Colonisation, Raisinghnagar vide order dated 26-9-72. Thereafter, according to the petitioner 5 Bighas 18 Biswas land ceased to be command land and became Baraini, so he submitted that he may be allotted 3 Bighas 7 Biswas command land in place of the land, which has ceased to be command land. This prayer of the petitioner was rejected by all the three Revenue Authorities. The petitioner's claim, according to the authorities, was a belated one.

(3.) Learned counsel for the petitioner submitted that under Rule 4 of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975, the petitioner's original application for allotment shall be deemed to be pending and is required to be heard and decided under and in accordance with the aforesaid 1975 Rules and as such the petitioner is entitled to allotment of 3 Bighas 7 Biswas command land.