(1.) I.A. No.1/2023: 1.Heard on application for condonation of delay. For the reasons mentioned in the application, the same is allowed and the delay of 96 days in filing the present appeal is condoned.
(2.) Present appeal is directed against the order dtd. 10/5/2023 passed by the learned Single Judge in exercise of jurisdiction under Articles 226 and 227 of the Constitution of India, whereby, the learned Single Judge has upset the finding recorded by the Board of Revenue (Revenue Appellate Authority), set aside the order and allowed petition.
(3.) Briefly stated, the relevant facts of the case giving rise to the appeal are that one Babu Lal Nagori was granted a lease of a parcel of land for setting up of an industrial unit on 13/2/1987 under the provisions of Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 (hereinafter referred to as "Allotment Rules of 1959"). In course of time, the said Babu Lal Nagori sold the land by a registered sale-deed in favour of the appellant- Kamla Bai on 8/11/1996. The District Collector, Udaipur, however, sent a notice on 19/7/2006 proposing to cancel the lease on the ground that the industrial unit having not been set up within a period of two years of grant of lease, resulted in violation of mandate of Rule 7 of the Allotment Rules of 1959. The proceeding so initiated upon issuance of notice eventually led to passing of an order of cancellation of lease. The order passed by the District Collector was challenged by filing appeal before the Revenue Appellate Authority. It appears that when the first order was passed by the District Collector, in the first instance, an appeal was preferred and the case was remanded. Whereafter, again an order was passed by the District Collector. That was again challenged by filing an appeal and the Revenue Appellate Authority again remanded the case. After the second remand, the District Collector passed an order on 30/10/2010 ordering cancellation of lease. The appellant preferred third appeal before the Revenue Appellate Authority, though unsuccessfully, as the appeal was dismissed vide order dtd. 29/11/2010. Aggrieved by the said order, appeal was preferred before the Board of Revenue, who vide order dtd. 8/10/2015 upset the order passed by the lower appellate authority and that of the Collector holding that no case was made out for cancellation of lease under the provisions of Rule 7 of the Allotment Rules of 1959. Aggrieved by the order of the Board of Revenue, the State preferred a writ petition under Articles 226 and 227 of the Constitution of India before this Court. The learned Single Judge vide order impugned, set aside the order passed by the Board of Revenue giving rise to the instant appeal.