RADHA KISHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner -Radha Kishan challenging the order dated 6.9.2000 passed by District Collector, Tonk, order dated 27.2.2001 passed by the Revenue Appellate Authority and the judgement dated 23.6.2003 passed by the Board of Revenue.

(2.) FACTS of the case briefly stated are that Tehsildar recommended the case of the petitioner for allotment of land in khasra No. 1872 (old khasra No. 1721) measuring 7 bighas situated in village Bagdi Tehsil Peeplu, District Tonk under Rule 20 of the Rajasthan Land Revenue (Allotment of Agriculture Land) Rules, 1970 (for short -'the Allotment Rules of 1970') by order dated 5.9.1973 by way of regularisation. Considering the petitioner as land less person, the allotment of the land was made in his favour by order dated 15.11.1975 on recommendation of the Allotment Committee. The respondent No. 2 filed an application under Rule 14(4) of Rules of 1970 on 22.9.1999 with the prayer that the order of allotment by way of regularisation dated 15.11.1975 be cancelled. The District Collector by order dated 6.9.2000 allowed the application and cancelled the allotment. The petitioner unsuccessfully filed appeals before the Revenue Appellate Authority and the Board of Revenue, both of which dismissed the appeals.

(3.) SHRI Praveen Jain, learned counsel for the petitioner has argued that the courts below failed to consider that the land in dispute was in possession of the petitioner since Svt. 2026. It is argued that Supreme Court in various matters have held that even if the allotment was made in law, still the person cannot be dispossessed from the land after a very long time. In the present case, the application has been filed after 24 years of the allotment. Reliance in this connection is placed on the judgement of Supreme Court in Brij Lal v. Board of Revenue & Ors. - : AIR 1994 Supreme Court 1128.