HAMIR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 26.02.1998 passed by the Special Judge (III), Pong Dam Oustees Cases, Sriganganagar, whereby the review petition filed by the petitioner has been rejected.

(2.) The petitioner was allotted 25 Bigha land in Square No. 147/22, Chak 5 SKM(A) under the provisions of Rajasthan Colonization (Allotment and Sale of Government Land to Pong Dam Oustees and their Transferees in Indira Gandhi Canal Colony) Rules, 1972 ('the Rules'). It is claimed that after allotment of land, the petitioner was cultivating the land personally and had paid all the installments payable for the land and was granted khatedari rights by Allotting Authority vide Sanad dated 31.08.1989 (Annex.-1). On a survey made by the Revenue Department in the year 1991, it was reported that the petitioner had handed over the possession of the land in question to one Sukhvir Singh and, therefore, the SDO, Raisinghnagar passed an order dated 20.05.1992 cancelling the allotment made in favour of the petitioner on account of breach of Rule 6(3) of the Rules and on the same day, an order was passed by the Allotting Authority allotting the land in favour of the respondent No. 4 under Rule 6A of the Rules.

(3.) It is submitted that after the judgment of Hon'ble Supreme Court in Pradesh Pong Bandh Visthapit Samiti, Rajasthan and Anr. v. Union of India and Ors.: (1996) 9 SCC 749, the petitioner submitted a review petition before the Special Judge seeking review of the order dated 20.05.1992. The Special Judge by his order dated 26.02.1998 rejected the review petition and upheld the cancellation.