KARTAR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 01.09.2000 passed by the learned Single Judge whereby the writ petition filed by the petitioner Kartar Singh (since deceased and represented by his legal representatives) challenging the order dated 24.07.1990 (Annexure 3) passed by the Board of Revenue for Rajasthan, Ajmer ('the Board') has been dismissed.

(2.) The dispute concerns 12 bighas and 10 biswas of agricultural land comprised in square No. 46 at Chack 6 LC, Tehsil Raisinghnagar, District Sriganganagar. The land in question was temporarily allotted to the petitioner on 18.05.1963 under the Rajasthan Colonisation (Temporary Leases) Conditions, 1955; and was continued to be allotted temporarily until the month of April 1968. The petitioner got some land in permanent allotment too; other than the one in dispute. The petitioner and the respondent No. 5 Nand Lal (he too since deceased and represented by his legal representatives) were the applicants for permanent allotment of the land in question when the respondent authorities invited such applications. The application made by the petitioner was rejected by the Sub- Divisional Officer (SDO) with the finding that he was already holding more than 15 bighas of land on permanent basis and, therefore, could not be considered eligible for allotment of further land under the Gang Canal Allotment Rules, 1955. On the other hand, permanent allotment of the land was made in favour of the respondent No. 5 Nand Lal on 22.08.1976 treating him a landless agriculturist. The petitioner Kartar Singh raised objection against such allotment made in favour of Nand Lal, inter alia, on the grounds that he was not an agriculturist but was a shopkeeper and his son was working as conductor on a bus; and it appears that on 19.04.1977, in an appeal filed by the petitioner Kartar Singh, the matter was remanded for decision afresh. It further appears that even after remand, the SDO maintained the order earlier made; found the petitioner Kartar Singh disentitled for permanent allotment of land in question with reference to his other holdings; rejected the complaint against the respondent No. 5 Nand Lal; and found that the complainant has failed to substantiate his allegations that Nand Lal was a shopkeeper and his son was working as a conductor on a bus.

(3.) The petitioner Kartar Singh took an appeal before the Revenue Appellate Authority, Bikaner, Camp Sriganganagar ('RAA'), being appeal No. 21/1980, that was heard and decided on 18.05.1981 (Annex.1). The learned RAA held that Kartar Singh was not entitled for allotment being not falling in the category of a landless person but at the same time found that the allottee Nand Lal has failed to establish himself being an agricultural labourer and held that he was also not entitled for allotment. The RAA, thus, held that neither the petitioner Kartar Singh nor the respondent Nand Lal were entitled for allotment and proceeded to cancel the allotment made in favour of Nand Lal.