PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioner's father Shri Khub Ram was a temporary tenant in Khasra Nos. 73, 74 and 77 (Village Shyamgarh, Tehsil Raisinghnagar, District Sri Ganganagar), measuring 44 Bighas 5 Biswas. After incorporation, with retrospective effect of Sec. 15 in the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955'), the land in question was permanently allotted to the petitioner's father Shri Khub Ram on 29/4/1972. The said allotment however, was cancelled by the Assistant Commissioner, Colonisation on 24/2/1981, aggrieved whereby, the petitioner's father Shri Khub Ram preferred a writ petition before this Hon'ble Court, but the same was dismissed.

(3.) Mr. J.L. Purohit, learned Senior Counsel assisted by Mr.Shashank Joshi, on behalf of the petitioners, submitted that the learned SDO in the aforementioned order dtd. 18/2/1991 clearly recorded that the application under Sec. 15AAA of the Act of 1955 was not available on the official record, but the same was filed by the petitioners. It was further submitted that the petitioners' application was pending since 1984 and it was decided only in the year 1991; therefore, as per learned Senior Counsel, in such factual matrix, the impugned order passed by the learned BoR is not justified in law.