MADHO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant Madho Singh is aggrieved against the dismissal of his writ petition vide order/judgment dated 12th march,2001 by which the learned Single Judge of this Court in appellant's-petitioner's writ petition held that since the board of Revenue had decided the pure question of fact after appreciation of fact and law, therefore, there is no reason to interfere in such finding of facts by the High Court obviously while exercising jurisdiction under Article 227 of the Constitution of India.

(3.) THE facts in brief will be sufficient as it is a matter relating of cancellation of allotment made in favour of one jagannath in the year 1967 of agricultural land under the rajasthan Land Revenue (Allotment of Land for Agricultural purposes) Rules, 1957 (hereinafter referred to as the Rules of 1957) as well as under the Rules of 1970. According to the appellant one Jagnu Das got allotment of land under the rules referred above in village Mawa in the year 1966. The appellant has no concern with this land. One Jagannath got the land in the village Agarsar in the year 1967. Jagannath sold his land to the petitioner-appellant in the year 1997 i. e. , after about 30 years from the time of allotment of land in favour of Jagannath then an application was submitted under Section 82 of the Rajasthan Land Revenue Act, 1956 by the Tehsildar Pokaran before the court of District collector, Jaisalmer to challenge the original order of allotment of 1967 made in favour of Jagannath. Jagannath died and his daughter Smt. Suwa Devi was taken on record as party-legal representative of Jagannath. In this petition, the appellant-writ petitioner-purchaser of the land from smt. Suwa Devi was not made party. Be it as it may be, the learned District Collector vide order dated 3rd June, 1997 reached to the conclusion that same Jagannath obtained land by way of allotment under Rules of 1970, the then Rules for allotment of agricultural land, in the village mawa and suppressing that fact, obtained another allotment of land in village Agarsar in the year 1967. The said subsequent allotment dated 9th June, 1967 of 75 bighas of land in the village Agarsar was, therefore, obtained illegally and by suppressing the relevant facts. The order of the learned Addl. District Collector dated 3rd June, 1997 was challenged by Smt. Suwa Devi before the Revenue appellate Authority, which was allowed by the Revenue appellate Authority vide order dated 10th Sept. , 1997 after taking note of the plea taken by Smt. Suwa Devi that her father never applied for the land in village Mawa in the year 1966 and remanded the matter to the District Court, jaisalmer for holding a fresh inquiry and for giving an opportunity of hearing to both the parties and to decide the matter afresh whether it is a fit case for making reference under Section 85 of the Rajasthan Land Revenue Act or not.