KRISHNALAL Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The land in question which is situated in village chak 13 MD, Murabba 82/33 was allotted to the petitioner-appellant Lekh Ram who was resident of village Chak 13 MD in Tehsil Anupgarh vide allotment letter dt. 20.09.74 in response to his application. The allotment was made of 20 bigha of land (light loom) in Murabba 82/33 which was in command area.

(3.) A notice was issued to the petitioner appellant under Section 14 of the Rajasthan Colonistion Act calling upon him to show cause as to why the allotment made in his favour be not cancelled. The said notice was issued on 02.04.1979. By order dt. 25.09.1979 the allotment was cancelled on the ground that since the allotment the petitioner himself is not cultivating the land and has let is out to Sahiram on the basis of sharing the crop 50-50. The appellant petitioner denied the allegation of transferring the possession of the land in question for securing its cultivation on share basis and asserted that he himself is cultivating the land though he admitted that he does not have any residence in the chak and he is living in another village alongwith his family but he contended that he is regularly coming to supervise the cultivation through labourers and procured tractor and other requisite materials on rent. He also furnished evidence of two cultivators of adjoining fields to corroborate his contention that he is in cultivatory possession of the land in question since allotment.