STATE OF RAJASTHAN Vs. SHIV KUMAR

JUDGEMENT

(1.) The petitioner has preferred this writ petition claiming the following reliefs:

(2.) Brief facts of the case as noticed by this Court are that respondent No. 1-Shiv Kumar was allotted 24.05 Bighas uncommand land in Chak No. 3 P.S.M. II, Murabba No. 161/32, Kila No. 1-25 vide order dtd. 7/3/1992 passed by the Assistant Colonisation Commissioner cum Allotting Authority, Kolayat under the provisions of Rajasthan Colonisation (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (for short "the Rules of 1975"). The respondent moved an application before the Assistant Colonisation Commissioner, Kolayat praying that an alternate land be allotted to him as land in question was uncultivable. The said application was accepted by the Assistant Colonisation Commissioner, Kolayat and alternate land was allotted. The alternate allotment was challenged before the Commissioner, Colonization, Bikaner and vide its judgment dtd. 23/11/1998, it was held that the exchange of land in question was illegal, as per the Rules of 1975. The respondent preferred a revision petition under Rule 23 (2) of the Rules of 1975 before the learned Board of Revenue for Rajasthan at Ajmer, in which, the learned Board of Revenue vide its judgment dtd. 7/5/2003 accepted the revision petition filed by the respondent and set aside the judgment of Colonisation Commissioner, Bikaner dtd. 23/11/1998.

(3.) Learned counsel for the petitioner submits that the allotting authority could not have exchanged the land in question, which is 12 bighas of command land and 13 bighas of uncommand land as it was not within the domain of the allotting authority, and it could have been done by the Collector only.