STATE OF RAJASTHAN Vs. MADAN LAL

JUDGEMENT

(1.) By way of filing this writ petition, the petitioner- State of Rajasthan has challenged judgment dtd. 16/4/2013 passed by the Board of Revenue, whereby appeal filed by the petitioner against judgment dtd. 24/10/2002 passed by the Revenue Appellate Authority, Ajmer has been dismissed. Petitioner has further prayed for upholding order dtd. 22/5/2002 passed by the Additional Collector-III, Jaipur for cancelling mutation Entry No.25 dtd. 12/4/1961.

(2.) Facts in brief are that land bearing Khasra No.2 Rakba 7.02 Bigha, Khasra No.3 Rakba 4.10 Bigha, Khasra No.9 Rakba 4.18 Bigha, Khasra No.24 Rakba 08.18 Bigha, Khasra No.25 Rakba 8.13 Bigha, Khasra No.27 Rakba 10.08 Bigha, Khasra No.28 Rakba 4.12 Bigha, Khasra No.39 Rakba 4.17 Bigha, Khasra No.30 Rakba 8.05 Bigha, Khasra No.46 Rakba 9.07 Bigha, Khasra No.47 Rakba

(3.) 11 Bigha, Khasra No.48 Rakba 10.08 Bigha total Kita 12 Rakba 91 Bigha 05 Biswa is situated in Village Phutolao, Tehsil Jamwaramgarh, District Jaipur. Khatedari rights in respect of aforesaid land were granted in favour of respondent- Madan Lal on 12/4/1961. Allegations of the petitioner are i.e. on 12/4/1961, the respondent- Madan Lal was a minor, ageing 10 years, and his father was patwari in the Revenue Department. 3. A complaint was made in respect of several irregularities committed in making different revenue entries/allotments in Village Phutolao, Tehsil Jamwaramgarh, District Jaipur. State Government constituted Justice B.P. Beri Commission to conduct enquiry into the matter. After examining the record, Beri Commission gave its report dtd. 28/1/1995 with the opinion that such allotments and khatedari rights were illegal, and accordingly recommendation was made to cancel such allotment by undertaking exercise under Rule 14(4) of the Rajasthan Land Revenue (Allotment of Agricultural Land) Rules, 1970 (hereinafter to be referred as 'the Rules of 1970'), after affording opportunity of hearing to the concerned person.