DHAKAR CHHATRAWAS SAMITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner Dhakar Chhatrawas Samiti, Bayana through its Chairman for construction of hostel in Bayana. The land measuring 2 Bighas and 10 Biswas was alloted in favour of the petitioner for construction of hostel. It is also alleged that the construction was started and an agreement was also executed on 29.11.68 and report of Patwari was also obtained on 23.04.70. An application was made to the erstwhile Tehsilar for making reference for the purpose of cancelling the allotment made in favour of the petitioner and the application was made at the instance of Tehsil Bayana on 21.05.85 before the Additional Collector, Bharatpur through SDO.

(2.) The Additional Collector, Bharatpur made a reference before the Board of Revenue, Ajmer vide order dated 20.01.94 and the Board of Revenue vide its order dated 26.10.94, cancelled the allotment made in favour of the petitioner observing that the land of public utility cannot be allotted under Section 16 of the Rajasthan Tenancy Act. Graveyard is undoubtedly a land of public utility and even if it is not in use, the public authorities cannot allot it for any other purpose. Therefore, the allotment made by the Collector and the subsequent mutation No. 1334 opened in favour of the petitioner is void ab initio and illegal and thus, the reference was accepted and the mutation No. 1334 was set-aside.

(3.) In review also, the Board of Revenue has not interfered with the order dated 26.10.04 passed by the Board of Revenue in reference.