SONA RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the Board of Revenue dated 23.2.1989 setting aside the order passed by the Additional Colonisation Commissioner, Bikaner dated 27.3.1985 and upholding the order passed by the Assistant Colonisation Commissioner, Gharsana dated 19.1.1979 (Annex.l), cancelling the allotment made in favour of the petitioner.

(2.) The brief facts giving rise to this petition are that the petitioner was allotted 20 bighas 10 biswas of land on permanent basis in the year 1974 and latter a small patch of 4 bighas 10 biswas was allotted on 9.7.1976. This land was allotted out of Khasra No. 108 which measured 50 bighas and had been allotted to the petitioner on temporary cultivation/lease in the year 1960 under the Rajasthan Colonisation (Temporary Cultivation Leases) Conditions, 1955 and this lease continued to be renewed from time to time till 1967, where-after the petitioner had applied for permanent allotment under the Rajasthan Colonisation Post-55 Rules and it was out of this land that the land in question was finally allotted to him on 24.8.1974 on permanent basis and khatedari rights were also conferred.

(3.) The allotment made in favour of the petitioner was cancelled on 19.1.1979 vide the order passed by the Assistant Colonisation Commissioner Annex.l on record and appeal taken to the Additional Colonisation Commissioner-cum-Revenue Appellate Authority was allowed vide the order dated 27.3.1985 Annex.2 and the order Annex.l was set aside. It was against this order of the Additional Colonisation Commissioner that the State filed a revision petition before the Board of Revenue and vide order dated 23.2.1989 passed by the Board of Revenue Annex.3 on record the order Annex.2 was set aside and the order passed by the Allotting Authority dated 19.1.1979 was upheld.