HEMSINGH Vs. COLLECTOR

JUDGEMENT

(1.) These two petitions under Article 226 of the Constitution of India are directed against the common order passed by the Collector, Banner on February 7, 1973 in exercise of his powers of review under Section 40-A of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (which will hereinafter be referred to as 'the Act').

(2.) The facts of the two cases, stated in brief, are that the Deputy Collector, Jagir, Barmer vide his order dated November 29, 1966 allotted 110 bighas of land in village Chohatan and 340 bighas of land in village Jesar to Chimansingh, father of the petitioner Hemsingh for Khudkast (petitioner in S. B. Civil Writ No. 661 of 1973). By another order dated December 5, 1966, he allotted 270 bighas and 11 biswas of land in village Chohatan, 376 bighas in village Intada and 322 bighas in village Jesar for Khudkast to Ugamsingh, Ex-Jagirdar Chohatan (petitioner in civil writ petition No. 662 of 1973).

(3.) The grievance of the petitioners is that a group of villagers became hostile to the petitioners for political considerations and made an application to the Sub- Divisional Officer, Barmer for declaring as 'Gochar' a part of the land in Khasra No. 110 in village Jesar allotted to the petitioners and the Sub-Divisional Officer, Barmer, by his order dated August 30, 1968, allowed the application and declared the land allotted to the petitioners as 'Gochar'. Later on, they also moved review applications some time in July 1972 before the Deputy Collector, Jagir. Barmer to set aside the allotment made in favour of the petitioners. As already stated above, the Collector, Barmer by the impugned order set aside the allotments and reopened their cases.