DEVARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of the learned single Judge of this Court dated 10. 12. 1986 passed in S. B. Civil Writ Petition No. 1469 of 1979, whereby the writ petition filed by the petitioner -appellant has been dismissed with costs of Rs. 1,000/ -.

(2.) THE facts necessary for the disposal of this special appeal briefly stated are: that the petitioner-appellant Devaram filed a Writ Petition on 13. 11. 1979 pleading inter aha that he is a bonafide agriculturist by profession and his only source of living is agriculture. His father Sardara Ram died in the year 1978 at the age of 118 years. His father had 10 issues (7 sons and 3 daughters) and he himself also has 5 sons who all are adults. After giving Pedigree of his family, the petitioner has submitted that his father Sardararam had 25 bighas of uncommand land, which he obtained somewhere in the year 1951-52 in village Motadar Tiba Tehsil Karanpur District Sriganganagar. He also obtained temporary allotment of the land prior to the year 1955 in Revenue Tehsil Raisinghnagar District Sriganganagar in village Satjhanda now known as Chak No 12 S. D. Colonisation Tehsil Suratgarh District Sriganganagar. It is alleged that the petitioner obtained 25 bighas of uncommand agricultural land in village Motasar Khuni, Tehsil Karanpur District Sriganganagar in the year 1951-52 separately in his own name, since he had separated from his father. It is further alleged that the petitioner's father Shri Sardararam applied for permanent allotment of the land in village Stjhanda now known as Chak 12 S. D. under Rajasthan Colonisation (Rajasthan Canal Project Pre 1955 Temporary Tenants Government land Allotment) Conditions, 1971. It appears that his application for permanent allotment under these conditions was not decided till 26. 8. 1975. According to the petitioner, he obtained 25 bighas of land in square No. 47/62 on temporary cultivation basis in Chak No. 4. M. L. D. , Rajasthan Canal Project, Tehsil Garsana, Revenue Tehsil Anupgarh on 31. 10. 1970. THE temporary allotment of the land in favour of the petitioner was renewed from year to year. THEreafter, he applied for permanent allotment of the said land under Rajasthan Colonisation (Allotment of Govt. land to Post 1955 Temporary Cultivation Lease Holders and other Landless persons in the Rajasthan Canal Project Area) Rules, 1971 (for short 'the Rules' ). That application was initially rejected on 27. 9. 1974. THErefore, the petitioner preferred an appeal before the Addl. Commissioner Colonisation and during the pendency of that appeal, the Assistant Colonisation Commissioner allotted 21 bighas of land out of the petitioner's land in favour of respondent No. 5 Shri Sukhdeo Singh. However, the appeal was decided in favour of the petitioner and the case was remanded back to the Allotting Authority on 23. 9. 1975 and the petitioner continued as temporary tenant of the land. According to the petitioner since 20. 9. 1975 he was temporary tenant of the land and the allotting authority had no jurisdiction to allot the land in favour of respondent No. 5 and, therefore, the order of allotment in favour of respondent No. 5 was a nullity in the eye of law.

(3.) THE learned single Judge, after hearing both the parties came to the conclusion that it is a case of suppression of material facts from the allotting authority. He has also observed that the fact that the petitioner is a member of his father's family is a finding of fact and, therefore, the learned single Judge has refused to interfere with this finding of fact after noticing the provisions of s. 17 (4) (ii) of the Rajasthan Colonisation Temporary Cultivation Leases) Conditions, 1955 (hereinafter to be referred as 'the Conditions of 1955') and r. 4 (2) and r. 15 (2) of the Rajasthan Colonisation (Allotment and Sale of Govt. land in Rajasthan Canal Colony Area) Rules 1975 (to be referred to as the Rules of 1975) and has come to the conclusion that the petitioner has transferred his land on 27. 10. 1972 to his sons in order to show that he is eligible for allotment to the entire land on permanent basis.