DALIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the order dated 8.7.1981 (Annex. 16) passed by the respondent No.2, Board of Revenue for Rajasthan at Ajmer, the order dated 18.5.1981 (Annex. 15) passed by the respondent No.3, Revenue Appellate Authority, Bikaner and the order dated 10.9.1980 (Annex. 14) passed by the respondent No. 4 Additional Collector, Sri Ganganagar may be quashed.

(2.) THE brief facts which are necessary for the disposal of this writ petition are that the petitioner is residing in Chak No. 39 P.S. Tehsil Raisingh Nagar, District Sri Ganganagar since 1946 and he is an agriculturist by profession. THE petitioner's brothers-in- laws, Ajaib Singh and Hari Singh sons of Shri Bhagwan Singh are also the permanent residents of Chak No. 39 P.S. and are agriculturists by profession. THE petitioner was landless person, therefore, he used to cultivate the lands of other persons in Chak No. 39 P.S. and in village Dulrasar, which is adjacent to Chak No. 39 P.S. by taking the land on lease.

(3.) MR. Bishnoi, learned counsel for the petitioner submitted that it is true that the land in question was initially allotted to the brothcrs-in-laws of the petitioner but he was cultivating the land on their behalf and from 1968 he was cultivating the land in his own rights and this fact is apparent from the report of the Tehsildar. Learned counsel submitted that in the additional affidavit filed by the petitioner he has not mentioned that since 1968 he is in possession of the land, but nonetheless the Patwari has made a report (Ex.3) dated 8.7.78 in which he has clearly mentioned that this 50 bighas of land was in the temporary cultivation of the brother- in-laws of the petitioner upto 1967 and thereafter the petitioner was in possession thereof and after considering all these facts consciously the Collector has allotted the land in question in favour of the petitioner. Therefore, learned counsel submitted that the petitioner has not obtained the allotment by giving any false information. All these facts were very much in the knowledge of the Collector, which is evident from the report of the Patwari and the Tehsildar.