JANGIR KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to quash the order of the Dy. Commissioner Colonisation dated 27.8.1980 (Ex.1) and the order of the Revenue Appellate Authority dated 25.1.1982 (Ex.3) and the order passed by the learned Member of the Board of Revenue dated 13.9.1993 (Ex.4). It has also been prayed that the non -petitioners may kindly be restrained from interferring in the cultivatory possession of the petitioner in the disputed land.

(2.) BRIEFLY stated the facts of the case are that the petitioner was allotted 24 Bighas and 10 Biswas of land in Chak No. 3 B W.M. Square No. 294/335 on temporary cultivation in Samwant Year 2027 which was renewed year to year till Samwant Year 2030. On 25.9.1973 the petitioner applied for permanent allotment of the land in dispute before the Allotting Authority, Sri Vijaynagar, which was granted vide order dated 21.12.1973. Against the allotment of the land in favour of the the petitioner, a complaint was lodged by one Uttam Singh and others before the Assistant Commissioner Colonisation, Sri Vijaynagar to the effect that Mst. Jangeer Kaur has obtained allotment declaring herself a widow whereas her husband is alive and living in Punjab and further that the applicant's husband has land in his name in Punjab, therefore, the allotment made in favour of the applicant may be cancelled. The Allotting Authority after making enquiry cancelled the allotment vide order dated 27.8.80. Dis -satisfied with the cancellation order, the petitioner preferred an appeal before the learned Revenue Appellate Authority, but the same was rejected vide older dated 25.1.1982 (Ex.3). A revision was also filed by the petitioner before the Board of Revenue. The learned Member of the Board of Revenue dismissed the revision by his order dated 13.9.1983. Hence, this writ petition.

(3.) THE writ petition has come up before us and as agreed by the learned Counsel, for the patties, the matter is heard finally.