RAMLAL Vs. GANGAJAL

JUDGEMENT

(1.) THIS revision against an appellate order of the learned Commissioner, Bikaner, dated 2.5.56, arises in the following circumstances.

(2.) RAMLAL, the applicant, filed an application before the Tehsildar, Bhadra, in which he prayed that as he was short of living accommodation, he might be allotted 2,250 sq. yds of Parat land for purposes of building a residential house. When this application was being inquired into, some of the residents of the village including the opposite parly objected to this allotment on the ground that it was not included in the Abadi of the village but was a Paithan (catchment area) of the village Johr used for storing drinking water for the residents as well as the cattle of the village. The Naib-Tehsildar under instructions from the Tehsildar visited the site and acting on his report the Tehsildar proposed the land in question to be allotted to the applicant. This appears to have been sanctioned under the Raiyatana Rules of the former Bikaner State by the Assistant Collector, Nohar on 19.6.50. Being aggrieved from this order, the residents of the village including the opposite party again approached the Asstt. Collector and objected to this allotment on the ground that this land was not in the Abadi of the village but was a commanded area of a village tank used for storing drinking water for cattle etc and if it was allotted to the applicant, it would cause great hardship to the residents of the village. The matter was again examined by the Asstt. Collector who after obtaining a detailed report from the Tehsildar, cancelled his previous order of 9.8.52. In this order the learned Asstt. Collector clearly observed that the land in question was neither in the abadi of the village nor covered by any of the Raiyatana Rules and that it would cause great hardship to the people if the applicant was allowed to build a residential house thereon. He, therefore ordered that the land in question be cleared up and the house if any built by the applicant, be removed. In pursuance of this order, the Patwari of the village sent a compliance report to the effect that the house had since been pulled down and there was nothing left on the site. The applicant went in appeal before the Collector who allowed the appeal and remanded the case to the Asstt. Collector with the direction to reconsider the matter as several other persons had also built residential houses near about this land. The new Asstt Collector Nohar, by his order dated 26.6.55, ordered that the applicant be allowed to retain possession on the land which had formerly been allotted to him by his predecessor as a construction thereon was not likely to pollute or divert the accumulation of water in the tank. Gangadhar, the opposite party being aggrieved from this order, filed an appeal before the Collector, Ganganagar, who however, transferred it to the learned Commissioners for disposal. The learned Commissioner, after going through the record of the case, observed that as the land was in the 'pat,nun' of the Johr which was used by the residents of the village, it should not be allotted to the applicant. Accordingly, the appeal was allowed and the order given by the Asstt. Collector, dated 25.6.55 was set aside. It was also directed in the said order that if RAMLAL had taken possession of any land, it should be removed atonce, and that action be also taken against such persons who had similarly encroached upon this Paithan Johr. It is against this order that a revision has been filed to the Board.