VAIDBAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against order dated 6.8.93 of the Board of Revenue( in short "the Board"), Rajasthan whereby a revision petition preferred by the respondent no. 5 herein, assailing the validity of order dated 28.4.86 passed by the Additional Colonisation Commissioner-cum-Revenue Appellate Authority, Indira Gandhi Nahar Project Area( in short "IGNP"), Bikaner, rejecting the appeal preferred by him against the allotment of the land made in favour of the petitioner by the Allotting Authority-cum-Assistant Commissioner Colonisation, IGNP, Gharsana, has been allowed and accordingly, the allotment of land made in favour of the petitioner, stands cancelled.

(2.) The petitioner holding the agriculture land in Square No. 46/2 and 46/10 in Chak No. 5 GD made two applications dated 6.11.84 and 9.11.84 for allotment of small patches of land adjacent to his land falling in Square No. 46/2 and 46/10, measuring 4 bighas and 3 bighas respectively. Since the lands were shown in the revenue record as Gair Mumkin, the Allotting Authority who is also a Collector under the Rajasthan Colonisation Act, 1954( in short "the Act of 1954" hereinafter) passed an order dated 4.12.84 converting the nature of the lands in the revenue records as agriculture lands. By the self same order the applications preferred by the petitioner for allotment as aforesaid were accepted and the aforesaid small patches were allotted to him.

(3.) The respondent no. 5 preferred an appeal against the said order dated 4.12.84 before the Revenue Appellate Authority( in short "RAA"), Bikaner which was dismissed vide order dated 28.4.86.