AVATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order of the Board of Revenue, Ajmer dated August 26, 1991 (Annex. 14) by which the revision of the respondent No. 5 Dhanna Ram has been allowed and allotment order dated June 13, 1989 and Patta dated July 12, 1989 issued in favour of the petitioner by the Assistant Colonisation Commissioner, Chattargarh (respondent No. 4) have been quashed.

(2.) THE facts of the case may be summarised thus. On March 15, 1989, the petitioner Avtar Singh filed an application for allotment of 4 bighas of "johar Paytan land" comprising of Kilas No. 3, 4, 7 and 8 in Murabba No. 72/50 situated in Chak 4-KND as a small patch under Rule 14, Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Project Area) Rules, 1975 (hereinafter to be called 'the Rules' ). THE Assistant Colonisation, Commissioner, I. G. C. P. , Chattargarh (respondent No. 4) directed the petitioner to deposit the price of 4 bighas of land as per rules. By his order dated June 13, 1989, the Assistant Colonisation Commissioner allotted four bighas of 'johar Paytan Land' to the petitioner, observing that none has applied for its allotment and the petitioner's land is situated near it, Its possession was handed over on July 13, 1989 by the Patwari to the petitioner. On August 22, 1989, the respondent No. 5 Dhanna Ram filed an appeal against the said allotment alleging that his land is adjacent to the disputed land and his father had earlier applied for its allotment but it was refused by the Assistant Colonisation Commissioner. It was further alleged that the allottee Avtar Singh had no land in Murabba No. 72/50 and as such it could not be allotted to him as a small patch of land and the allotment made in his favour without giving opportunity of hearing to him was illegal and contrary to the provisions of the law. THE Additional Colonisation Commissioner dismissed the appeal. A revision was filed by the respondents No. 5 Dhanna Ram before the Board of Revenue, Ajmer. THE learned Member, Board of Revenue, Ajmer, held that prior to the amendment in Rule 14 (1) of the Rules by the Notification dated September 22, 1988, published in Rajasthan Gazette Part IV (Ga) (ii) page 46 dated July 13, 1989, allotment of small patch of government land could only be made in favour of a tenure tenant of the adjoining land and after the insertion of proviso to rule 14 (1) of the Rules by the said amendment small patch of land can now be allotted to tenure tenants of the same Chak or of the adjoining Chak also if the tenant of the adjoining land fails to apply for its allotment. He further held that as the said amendment did not come in force on the date of allotment made in favour of the petitioner Avtar Singh and accordingly, its allotment in his favour was quashed and the revision was allowed.