STATE OF RAJ Vs. HARI SHANKAR & ORS

JUDGEMENT

(1.) By this writ petition, a challange is made to the order dated 06th July, 2007 whereby review petition preferred by respondent was allowed by Board of Revenue Rajasthan, Ajmer.

(2.) It is a case where land was allotted to the private respondent in the year 1975. It was under Rule 14(4) of the Allotment Rules of 1970. The allotement was then cancelled vide the order dated 23rd June, 2000. The respondent preferred an appeal before the Revenue Appellate Authority, Ajmer however, the order of cancellation was maintained by dismissing the appeal vide the order dated 9th January, 2001. The respondent thereafter, preferred second appeal before the Board of Revenue, Rajasthan, Ajmer which was also dismissed on 17th June, 2002. The respondent thereafter, preferred a review petition, which was allowed.

(3.) Learned counsel for the petitioner submitted that when the respondent was not found in possession of the land, proceeding for cancellation of allotment was made and concluded vide the order dated 23rd June, 2000. The first appeal and second appeal preferred by the respondent were also dismissed finding that the respondent was not in possession of the land. The Revenue Appellate Authority so as the Board of Revenue found that the respondent had taken one crop in Samvat 2034 and for the period between 1987 till 1998, the respondent did not take initiative for possession of the land. The respondent was not found in possession of the land and the aforesaid fact could not be refuted, therefore, cancellation of allotment was made. On a review petition, altogether new case was made out and review petition was accepted ignoring the plea taken by the respondent before the Revenue Appellate Authroity so as the Board of Revenue while maintainaing first and second appeals. A review can be made only when an error exist apparent on the face of record. In view of the above, Revenue Board exceeded to its jurisdiction while accepting the review petition.