STATE OF RAJASTHAN Vs. SHANKARLAL S/O MOOLA

JUDGEMENT

(1.) In all these three writ petitions, the petitioner-State has challenged the common order passed by the Board of Revenue whereby the appeals preferred by the respondents against order of the Revenue Appellate Authority were allowed setting aside the order dated 16/06/2008 passed by the Revenue Appellate Authority and upholding the allotment granted to the concerned persons under the Rajasthan Land Revenue (Allotment of Land for Agriculture Purpose) Rules 1970 for agricultural purposes.

(2.) Brief facts are that eight persons were allotted five bighas of land in Khasra No.116 (Old No.517) in a camp held for village Sargaon, Tehsil Kishangarh, District Ajmer on 14/07/1997. The possession was handed over on 20/06/1998 and mutation was opened on 06/08/1998 and their Khatedari rights were created.

(3.) The Tehsildar concerned moved an application after about nine years praying therein to cancel the allotment granted to the said eight persons on 14/07/1997. The same was on the basis of 'Mouka Report' submitted by him. It was case of the Tehsildar that the land was not cultivated for the period as provided under Rule 14(3) of the Rules of 1970 and also under Rule 14(4) of the Rules of 1970 the land was allotted wrongfully. The Additional Collector, Ajmer cancelled the allotment of three tenants namely; Shankar Lal, Syoraj and Smt. Chooti Devi while rejecting the application for cancellation in relation to other tenants.