GOPAL SINGH Vs. BOARD OF REVENUE RAJASTHAN AJMER

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 18.11.2011, passed by the Board of Revenue, Ajmer in an appeal No.4993/2008/Bharatpur wherein a direction has been made for allotment/regularization of land admeasuring 0.93 hectare in khasra No.133 at Village Vijay Nagar, Tehsil Kumher, District Bharatpur to the respondent No.5, Bodan Singh.

(2.) THE case of the petitioners is that the issue in appeal No.4993/08 before the Board of Revenue was with regard to the refusal of the RAA to issue direction for additional allotment of land ad measuring 0.40 hectare in khasra No.133, Village Vijay Nagar, Tehsil Kumher to the respondent No.5, Bodan Singh and even while dismissing the appeal on the issue of further allotment of land admeasuring 0.40. hectare, the Board of Revenue exceeded its jurisdiction in issuing a direction for allotment/regularization of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5. Counsel for the petitioners submits that the effect of the impugned order dated 18.11.2011 is that the order of the RAA passed on 05.04.2008 remanding the matter for the consideration of the legality of the allotment of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5, has been rendered otiose. Counsel further submitted that in fact prior to the passing of the order dated 18.11.2011 by the Board of Revenue, the allotment committee had recommended the cancellation of allotment of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5. It is submitted that the order of cancellation dated 09.05.2011 would also be overlooked in view of the order dated 18.11.2011, passed by the Board of Revenue.

(3.) IN the event, the petitioners file a review petition along with an application for condonation of delay, the Board of Revenue shall consider the application for condonation of delay in accordance with law in the context of the petitioners having approached this Court by way of this writ petition No.5133/2012 which was filed on 07.04.2012. If delay is condoned, the review petition on the merits of the case be considered in accordance with law and disposed of.