HASTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE special appeals are directed against the order dated 25.5.2012 passed by learned Single Judge dismissing the writ petitions and affirming the order passed by the Board of Revenue Rajasthan, Ajmer dated 22.7.2002.

(2.) THE factual matrix necessary to be noticed is that the Sub Divisional Officer, Nohar made allotment of small patch of land to the petitioners who were having cultivatory possession over the land in murabba No.49/41, kila No.16 to 25. A challenge to the allotment was given by the respondent No.7 with assertion that the land allotted was not a small patch as per provisions of the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 (hereinafter referred to as "the Rules of 1975"). The appeals came to be accepted vide judgment dated 27.10.1998 passed by the Revenue Appellate Authority. The revision petitions preferred to challenge the aforesaid before the Board of Revenue by the petitioners, too came to be rejected on 22.7.2002. The review petitions preferred before the Board were also rejected on 18.5.2004. The petitioners, thus, preferred petitions for writ before this Court with assertion that the land allotted to the petitioners if was not a "small patch", then that would have been considered as a "medium patch". Learned Single Judge dismissed the writ petitions on the count that the contention aforesaid was never raised by the petitioners before the appellate authority as well as the revisional authority, as such cannot be permitted to agitate before this Court while invoking supervisory jurisdiction under Article 227 of the Constitution of India.

(3.) LEARNED Single Judge does not find any such eventuality in the cases in hand, and rightly so, as the appellate authority as well as the revisional authority considered the argument advanced on behalf of the petitioners in lucid. The findings given by these authorities are based on adequate consideration of facts and law.