HAFIZUR REHMAN Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) This petition is filed aggrieved of order dtd. 16/1/2012 passed by the Board of Revenue, Rajasthan, Ajmer (for short 'the Board') accepting the review petition of the respondent Nos.4 to 6 (hereinafter referred to as 'respondents').

(2.) The brief facts are that the petitioner filed an application on 29/5/1968 before the Land Allotment Committee, Kishanganj for allottment of fifteen Bighas of land in Khasra No.459 situated in Village Nahargarh, Tehsil Kishanganj. Vide order dtd. 29/5/1968, ten Bighas of land was allotted to the petitioner. Ten Bighas of land in Khasra No.459 of Village Nahargarh, Tehsil Kishanganj was also allotted to one Abdul Salim Khan. The physical possession of both the lands was handed over and the Khatedari rights were conferred to the petitioner as well as Abdul Salim Khan in the year 1980. The legal heirs of Abdul Salim Khan through registered sale deed dtd. 11/1/1994 sold the allotted ten Bighas of land to the petitioner. On 19/11/2004, the respondents filed a suit in the Court of Sub-Divisional Officer, Kishanganj challenging the allotment of land to the petitioner. The suit was dismissed on 31/12/2009. During pendency of the suit, respondents filed an application under Rule 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (for short 'the Rules') for cancellation of allotment in favour of the petitioner and Abdul Saleem Khan. It was pleaded that Abdul Saleem Khan was non-existent and the petitioner had himself got the land allotted, which was subsequently transferred by a registered sale deed. The application was dismissed on 28/2/2007.

(3.) The Revenue Appellate Authority and the Board dismissed the First and Second Appeals of the respondents on 19/1/2008 and 12/3/2008 respectively. The review filed by the respondents was accepted by the Board on 16/1/2012. The matter was remitted to the Additional Collector, to be decided as per the specific directions given. Hence, the present petition.