GURBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Nobody appeared on behalf of respondents No.4 and 5 despite service.

(3.) Tine brief facts of the case are that deceased Sumaran Singh in his life time was allotted land measuring 25 bighas bearing square No. 229/35 situated in chak No.5 K.N.M.I. The allotment letter is placed on record as Annex.1. It appears that in the year 1991 a survey was conducted in which Sumaran Singh was not found in possession of the allotted land upon which a notice dated 6th Jan., 1992 was issued in the name of allottee Sumaran Singh. The copy of notice dated 6th Jan., 1992 is placed on record as Annex.R/1. In this notice it is stated that during the survey conducted in the year 1991 allottee was not found in possession, but some one else was in the possession of the land, therefore, the allottee was directed to give his explanation. This notice bears endorsement that Sumaran Singh is not residing at chak No.5 K.N.M.I. and he is residing at district Kangra of Himachal Pradesh. A notice was also issued to Surja Suthar-respondent No.4 on the basis of the same ground, which stated that he was treated as person in occupation of the land in dispute. This notice bears endorsement that he was also not found at his residence, therefore, the notice was affixed on the house of the said person Surja Suthar. It bears signature of one Shri Ram Chandra S/o Surja Ram. Another notice was issued on 6th June, 1992 by the same Sub-Divisional Officer (Revenue), Raisinghnagar in the name of Sumaran Singh and on this notice also there is endorsement that Sumaran Singh is residing in village Kangra of Himachal Pradesh. The Sub-Divisional Officer thereafter, published the notice in newspaper and since nobody appeared for the allottee passed the order dated 6th July, 1992 and cancelled the allotment order, which was passed in favour of Sumaran Singh.