RAM SWAROOP Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 1.10.2012 of the Board of Revenue, Rajasthan, Ajmer, whereby an appeal preferred by the petitioner herein, against the order dated 30.12.2002 passed by the Revenue Appellate Authority (RAA), Hanumangarh, affirming the order dated 26.9.2002 passed by the Additional Collector, Nohar, cancelling the allotment of the land ad measuring 1.265 hectare, comprising Khasra No. 345, made in favour of the petitioner by the Assistant Collector, Bhadra on 10.1.2002 under 'Prashasan Gaon Ke Sang', stands dismissed.

(2.) The relevant facts are that the land ad measuring 1.265 hectare comprising Khasra No. 345 situated at village-Rohi, Tehsil-Bhadra, District-Hanumangarh, was allotted to the petitioner vide order dated 10.1.2002 issued by the Assistant Collector, Nohar, under "Prashashan Gaon Ke Sangh ". The legality of the order was questioned by the Tehsildar (Revenue), Bhadra, by way of an application under Section 11/14 of Rajasthan Colonisation Act, 1954 before the Additional Collector, Nohar, District Hanumangarh, on the ground that the land allotted to the petitioner is recorded in the revenue record as ’gair mumkin johar paitan, which is not available for allotment. The Additional Collector inter alia found that the land in question which is categorised as per the revenue record as 'gair mumkin paitan' was not available for allotment and accordingly, cancelled the allotment made in favour of the petitioner. Aggrieved thereby, the petitioner preferred an appeal before the Revenue Appellate Authority(RAA), Hanumangarh, which stood dismissed vide order dated 30.12.2002. The second appeal preferred by the petitioner stands dismissed by the Board of Revenue by the order impugned. Hence, this petition.

(3.) The entire edifice of the writ petition was raised by the petitioner on the ground that Rule 17 of Rajasthan Colonisation (Allotment & Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 (for short "the Rules of 1975'), specifically provides that the price to be charged for johar paitan land situated anywhere, shall be four times of the reserved price fixed by the State Government and thus, the allotment of land forming part of johar paitan is also available for allotment. It is to be noticed that the allotment of the land in favour of the petitioner was made by the Assistant Collector, Bhadra, vide order dated 10.1.2002, under Rajasthan Colonisation (Bhakra Project Government Lands Allotment & Sale) Rules, . 1955 ( "Rules of 1955 ") and not under the Rules of 1975. Faced with this situation, the learned Counsel appearing for the petitioner contended that in respect of the allotment and sale of johar paitan land in the Bhakra Project Area, the State Government has issued a notification dated 16.7.1981 in pursuance of Rule 17 of the Rules of 1955 providing the different prices and therefore, nothing turns on the question that the rates with regard to the allotment of the land forming part of johar paitan have not been specifically provided under the Rules of 1955. Accordingly, learned Counsel submitted that the cancellation of allotment made in favour of the petitioner ignoring the said notification, is not sustainable in the eyes of law.