REWADIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed seeking setting aside of order dtd. 4/5/2018 passed by the Board of Revenue (for short 'the Board').

(2.) The brief facts are that the Tehsildar made a reference on 6/1/2010 in the office of Additional District Collector. It was stated that the land measuring 2 Bigha 15 Biswa situated in Khasra No.15 of Village Gangadwari Tehsil Sikrai was allotted by the Sub-Divisional Officer to the petitioner vide order dtd. 28/9/1978 inspite of land being a 'Gair Mumkin Nala'. The land could not have been allotted to the petitioner for cultivation purposes. The reliance was placed upon decision of the Rajasthan High Court, Principal Bench at Jodhpur dtd. 2/8/2004 in D.B.Civil Writ Petition (PIL) No.1536/2003 (Abdul Rehman Vs. The State of Rajasthan & Ors.) reported in 2004 SCC OnLine Raj. 676 . The reference made to the Board was accepted vide order dtd. 4/5/2018. It was ordered that allotment of the Gair Mumkin Nala land measuring 2 Bigha 15 Biswa in Khasra No.15 is set aside and the entries in the revenue records be changed accordingly.

(3.) Learned counsel for the petitioner submits that for last many years there is no water flowing in the nala, the land is being used for cultivation and the allotment of the land should not be cancelled.