MADAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD

(2.) PERUSED the orders passed by learned Additional District Collector, Jalore, learned Settlement Officer -cum -Revenue Appellate Authority, Sirohi camp at Jalore and the Board of Revenue, respondent No. 2 cancelling the allotment of the petitioner on the ground inter alia that the land cannot be allotted to him as envisaged under Rule 6(3) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred as Rules of 1970).

(3.) LEARNED Counsel for the petitioner Shri M.C. Bhoot urged before me that provisions of Rule 6(3) of the Rules of 1970 are ultravires to the statutory provisions envisaged under Sub -Section 4(1) to (iii) of Section 101 of the Rajasthan Land Revenue Act. It is to be noticed that Rule 6(3) of the Rules of 1970 has been framed by the State Government in exercise of its powers conferred by Clause (xviii) of Sub -section (2) of Section 261 of the Rajasthan Land Revenue Act, 1956 read with Section 101 of the said Act. The provisions contemplated under Sub -Section 4(1) to (ill) of Section 101 of the Rajasthan Land Revenue Act provide that if there is more than one person requiring the same land, the allotment shall be in the following order: