LACHHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has made the following prayer :

(2.) It is very strange that soon after dismissal of the appeal filed by the petitioner before the Board of Revenue on 03.09.1985, again, the petitioner preferred an application on 17.12.1985 under Rule 14(4) of the Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1970. The Addl. Collector, Bikaner again dismissed the said application vide order dated 02.08.1996 while observing that the matter has attained finality after rendering judgment by the Board of Revenue, Ajmer on 03.09.1985 and held that there was no error in the allotment made in the year 1966 in favour of late Keshu Ram Purohit. The order passed by the Addl. District Collector, Bikaner dated 02.05.1996 was further challenged by the petitioner by way of filing appeal before the Revenue Appellate Authority, Bikaner but the learned RAA, Bikaner while considering entire facts of the case again held that there is no error in the order passed by the Addl. Collector (Admn.), Bikaner dated 02.08.1996 and further reiterated that allotment made in favour of late Keshu Ram on 10.07.1966 was perfectly in accordance with law. It is also observed that earlier the same controversy was agitated up to the Board of Revenue, Ajmer and finally decided, therefore, no interference is required.

(3.) The petitioner preferred second appeal before the Board of Revenue again and Board of Revenue, Ajmer dismissed the appeal vide order dated 13.01.2012, in which, it is categorically observed in para 6, 7 and 8 that proceedings initiated by the petitioner is totally illegal and he cannot be permitted to take shelter of the Rules of 1970 because allotment was made in accordance with provisions of the Rules of 1957. Para 6, 7 and 8 of the judgment passed by the Board of Revenue are as follows :