KAMRUDDIN Vs. BOARD OF REVENUE & ORS.

JUDGEMENT

(1.) Instant writ petition was filed in the year 1997 for quashing order Annex.-4 dated 2.11.1992 passed by the Collector, Bikaner upon application filed under Rule 23(2) of the Rajasthan Colonization (Allotment and Sale of Govt. Land in Canal Colony Area) Rules, 1975 whereby 7 allotments of small patches of land made in favour of the petitioner were cancelled, so also, the order dated 25.6.1996 passed by the Board of Revenue for Rajasthan, Ajmer whereby order passed by the Collector, Bikaner was upheld by the Board of Revenue.

(2.) As per facts of the case, the petitioner was having khatedari right over 19 bigha land in Chak 12 CHD Tehsil Suratgarh. The petitioner applied for allotment of small patch of land under Rule 14 of the Rules of 1975 and upon petitioner's applications made on different dates for different muraba, seven allotment orders were passed of small patches of land in favour of the petitioner; in all 8 bigha 18 biswa command land and 21 bigha 14 biswa uncommand land was allotted in favour of the petitioner by way of allotment of small patches of land.

(3.) As per petitioner's contention in the writ petition khatedari sanad against the above allotments was issued in favour of the petitioner by the respondent authorities on 24.9.1990 under Rule 9 of the Rajasthan Colonization (General Colony) Conditions, 1955. After granting khatedari sanad in favour of the petitioner the land was recorded in favour of the petitioner. As per the petitioner, the Collector, Bikaner initiated suo motu proceedings under Rule 23 of the Rules of 1975 against the aforesaid allotment of small patches of land in which the petitioner filed his reply and raised ground that the District Collector has no jurisdiction to look into the validity of the allotment made for which sanad has already been issued.