PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the Court. The petitioner by this writ petition has challenged the order of the Board of Revenue dt. 13th October, 1980 (Annex. 11), dt. 12th March, 1981 (Annex. 12) order of the Revenue Appellate Authority dt. 1st June, 1978 (Annex. 9) and the order of the Additional Collector, Sri Ganganagar dt. 1st September, 1977 (Annex. 7).

(2.) THE petitioner was granted a temporary cultivation lease of a land measuring 23 bighas 10 biswas comprising Murabba No. 12 Chak No. 59 out of the land of Bhera Ram father of Shri Sardara Ram. Shri Bhera Ram proceeded to surrender the aforesaid temporary cultivation lease by a letter dated 15th December, 1975. When the petitioner had come to know of this fact, he proceeded to make an application for allotment of the aforesaid land by way of temporary cultivation lease to them. This application was allowed by the order dt. 15th December, 1975 and the aforesaid land came to be allotted to the petitioner by way of temporary cultivation lease for Smt. year 2032 vide Annex. 1. Some complaint was filed by the respondent Sardara Ram to the Collector, Sri Ganganagar and the Collector, Sri Ganganagar vide order dt. 12th May, 1976 sent this case for an enquiry to the Tehsildar, Revenue, Raisinghnagar. When the matter came up before the Tehsildar, petitioners produced before him evidence to show that the land stood allotted to respondent Shri Sardara Ram and Shri Bhera Ram in the Rajasthan Canal Project area on permanent basis. 23 bighas and 16 biswas of the command land comprising killas No. 1 to 25 of Murabba No. 226/360 of 4 PTD came to be allotted permanently to Shri Bhera Ram vide order dt. 7th December, 1976, therefore, Bhera Ram surrendered the aibresaid land and that land was allotted to the petitioners. On the basis of the evidence led before the Tehsildar, the Tehsildar came to the conclusion that the complaint filed by the respondent is without any merit and he upheld the allotment in favour of the petitioners and same was renewed upto smt. year 2033.

(3.) THE writ petition was admitted and an ad interim stay order was passed by this Court that the petitioners may be allowed to be continue in possession of these lands provided they give a solvent security @ Rs. 150/ - per bigha per annum as mesne profit to State in event of failure of writ petition.