KISTURA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) It is contended on behalf of the petitioner that the petitioner is in possession of land in question prior to its acquisition by the Government under the provisions of Imposition of Ceiling on Agriculture Holding Act, 1973 (for short 'the Act of 1973'). After declaring it surplus, on 19.01.83 the land in question was allotted to the respondent No. 4 Gopal. This allotment was challenged by the petitioner before the Additional Collector, Tonk by way of filing appeal and the Additional Collector dismissed the same vide order dated 03.03.94 without considering the facts and material available on record.

(2.) Aggrieved and dissatisfied with the aforesaid judgment of the Assistant Collector, Tonk dated 03.03.94, the petitioner preferred second appeal before the Board of Revenue and that too was dismissed vide order dated 04.12.96.

(3.) The main challenge to the allotment is on the ground that the allotment has been made in favour of the respondent No. 4 without following the rules of allotment given under the Act of 1973. Learned Counsel for the petitioner referred Rule 17 of the Imposition of Ceiling on Agriculture Holding Rules, 1973 (for short 'the Rules of 1973').