PRABHAT Vs. BOARD OF REVENUE

JUDGEMENT

(1.) KHASRA No. 957 measuring 9 bighas 1 biswa situated in Gram Dhani Lali Tehsil Jamuaramgarh was recorded as 'gair Mumkin Rasta. Out of that land the said KHASRA No. 957. 8 bighas, four bighas to each of the petitioners, was allotted by the S. D. O. Amber under his order dated October 29. 1977 under the Rajasthan Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1970 (for short, the Rules ). The possession of the land was also given to the petitioner sometime in the month of January 1978. An application was made by the non-petitioner No. 3 under sub-rule (4) of Rule 14 of the Rules before the Additional Collector, Jaipur. In the said application it was stated that the nature of the land was 'gair Mumkin' and the same could not be allotted under the Rules. The Additional Collector dismissed that application. Aggrieved by the aforesaid order of the Addl. Collector dated July 17, 1978, the non-petitioner No. 3 preferred an appeal before the Revenue Appellate Authority on August 5, 1978 and the said authority dismissed the appeal on the ground that the non-petitioner No. 3 has no locus standi. The non-petitioner No. 3 then went to the Board of Revenue in revision and the Board of Revenue on August 12, 1985 allowed the revision petition.

(2.) THE petitioners have challenged the aforesaid order of the Board of Revenue on the ground that the non-petitioner No. 3 was not an aggrieved party and he has no locus standi to file the revision petition before the Board of Revenue. It is also contended by Mr. Pareek, learned counsel for the petitioner that 'gair Mumkin Rasta' could also be allotted under the Rules. In support of his contention, Mr. Pareek placed reliance on Durga Prasad V. Pannalal, (1), a Full Bench decision of the Board of Revenue.