DALPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition and four other petitions the number of which have stated in the schedule annexed challenge the same orders and all these cases arising out of the same set of facts and circumstances, they can be conveniently disposed of by single order for the purpose of facility. I will be referring to the facts in the writ petition No. 3153 of 1984.

(2.) ON 23rd July, 1972, the petitioner was allotted 20 bighas of land by its Sub -Divisional Officer, Nagaur under the provisions of Rajasthan Land Revenue (Allotment of Land for Agricultural Purpose) Rules, 1970 (hereinafter referred to as the rules of 1970). The petitioner was put in possession of this land on 23.4.74. The delay in delivering the possession was probably a complaint filed on 17.7.73 objecting to the allotment of these lands on the ground that the lands are otherwise needed for the village.

(3.) ON 24.6.80, the petition was decided by the Collector, Nagaur. The allotment made in favour of the petitioner was cancelled Under Rule 14(4) of the Rules of 1970. The cancellation was ordered in view of the fact that the petitioner has made a representation that he was landless at the time of allotment, this representation is proved to misrepresentation in view of the fact that the father of the petitioner ownes undisputedly 56 bighas of land and on the basis of surmise that the land in the hands of the petitioner's father is ancestral in his hand for the benefit of the sons. Their appears put no basis to this finding. The petitioner, therefore, challenges this order in appeal before the Appellate Authority, the Appellate Authority decided it on 20.7.81 and came to the conclusion that the findings of the Collector are correct. The appeal was dismissed.