ABDUL AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is arising out of a common order dated May 15, 2007 passed in S.B.Civil Writ Petition No.2962/1995 (Abdul Aziz v. Board of Revenue, Ajmer & Ors.) along with other analogous writ petitions, whereby the writ petitions against the order of the Board of Revenue for Rajasthan at Ajmer, which was again a common order, maintaining the earlier order dated March 27, 1992 passed by the Deputy Commissioner, Colonisation was upheld. Thus, in the writ petition, there is consistent conclusion to the adjudication by three forums of Deputy Commissioner, Colonisation, Board of Revenue and the learned Single Judge.

(2.) The allotments were initially made in 1984, against which cancellation proceedings were initiated under Rule 22 of the Rajasthan Colonisation (Allotment of Sale of Government Land in the Indira Gandhi Canal Area) Rules, 1975.

(3.) Learned Senior Counsel, Shri J.L. Purohit assisted by Shri N.R.Budhania appearing for the appellant pointed out that the khatedari rights have been conferred long back and stood confirmed, and therefore, could not have been reversed on any count. Learned Senior Counsel for the appellant also argued that the land allotted to the appellant was a small patch and was rightly allotted in accordance with law. In view of the long standing possession, the cancellation itself was bad in the eye of law.