GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GORDHAN and seven others, who were allotted agricultural land for cultivation in village Chandji-ki-Kheri, Tehsil Mandalgarh, by Tehsildar on 15-4-60, and whose allotment has been cancelled by the Government on 18-1-63 (vide Ex. 4 on the record), have filed this writ petition under Art. 226 of the Constitution questioning the validity of the aforesaid Government order.

(2.) THE petitioners were residents of village Chandji-ki-Kheri and according to them they had no cultivable land of their own prior to the allotment in question. Consequently they applied to the Tehsildar Mandalgarh for allotting them land. THE Tehsildar accepted their applications and granted them land comprised in Khasra No. 226, 720 and 723, which roughly measured 75 bighas. THE petitioners proceed to say that after the allotment they were put in possession of the land and after they were so put in possession they made several inprovements over it. THEy sank well in it and made it cultivable. THEy had also raised crops over it and had been paying rent to the Government regularly. One Shri Motilal Dhakar respondent No. 2, who was the Sarpanch of village Panchayat Gopalpura filed a revision petition against the order of allotment to the Government of Rajasthan. Pursuant to that application the Deputy Secretary to the Government in the Revenue Department heard the revision application and, accepting the same, cancelled the allotment (vide order Ex. 4 on the record ).