MOTILAL Vs. ADDL DIVL COMMISSIONER AND ORS

JUDGEMENT

(1.) The petitioner handed over 1 bigha 18 biswas of agricultural land situated at khasra No. 4/2 catchment Rangpuria to the State Government for its development and after completion of catchment operations only 1 bigha 8 biswas land was reallotted to him, though he was entitled for re-allotment of land measuring 1 bigha 16 biswas. Pointing out deficiency aforesaid and claiming to satisfy that the petitioner preferred an application before the Additional Collector, Canal Area Development (CAD), Kota-Bundi, and after making necessary inquiry as per Section 39 of the Land Development Corporation Act, 1975 (hereinafter referred to as "the Act of 1975"), the Additional Collector vide order dated 23.06.1993 accepted the application and issued direction to make available 8 biswas of land to the petitioner from the land identified under khasra No. 1550, village Chitawa, catchment Rangpuria-II. An appeal as per Section 39(3) of the Act of 1975 was then filed before the Divisional Commissioner by respondent Smt. Badri Bai to assail the order dated 23.06.1993, on the counts that (1) there was no deficiency in the land reallotted to the petitioner, (2) the appellant is having old possession over the land relating to which a direction is given for allotment to the petitioner, and (3) deficiency in re-allotment, if exists, then the same may be satisfied by allotment of land from khasra No. 640.

(2.) The appeal was contested by the petitioner and that came to be partly accepted vide judgment dated 16.08.1999. The Divisional Commissioner, Kota while partly accepting the appeal held that the appellant is having no locus to challenge the order passed by the Collector and also that she was a trespasser on the land in question. The Divisional Commissioner also observed that the Tehsildar, CAD, Bigod, headquarter Kota in its report dated 05.08.1995 referred about encroachment made by the petitioner on 2 bighas 19 biswas of land and in result, remanded the matter for fresh inquiry.

(3.) While challenging the judgment dated 16.08.1999 passed by the Divisional Commissioner, Kota exercising powers under Section 39(3) of the Act of 1975, it is urged that once the Divisional Commissioner arrived at a conclusion that respondent Badri Bai was having no locus to challenge the order passed by the Collector, then no directions in appeal preferred by her could have been given. It is also urged that there is no foundation to allege encroachment by the petitioner.