NARENDRA KUMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) At request, these petitions were heard together and are being disposed of by this order since common question of law is involved. Factual matrix CWP-5603/1999

(2.) Instant petition has been filed by petitioner assailing orders dated 19/08/98 (Ann.7) of the Board of Revenue, dated 28/03/94 (Ann.16) of Revenue Appellate Authority, Kota and dated 28/09/92 (Ann.15) of Collector, Bundi.

(3.) Petitioner was allotted agricultural land measuring Six bighas in Khasra No. 7 (old (New No. 17) situated in village Chhatarpura (Bundi) in open auction under Rajasthan Colonization Conditions, 1955 vide certificate dated 01/06/67 (Ann.1) in pursuance whereof, Patta was issued to him on 31/01/76 (Ann.2) and mutation was also made in his favour on 01/02/76 (Ann.3) besides pass book issued by Revenue department alongwith a trace map (Ann.4). As alleged, in settlement proceedings, Khasra No. 7 was given new No. 17; as such Khasra No. 17/2 has been shown in the pass book. Total land of Khasra No. 17 (New) was 16 bighas 10 biswas as shown in order dated 13/11/79 (Ann.5A), whereby Collector, Bundi in exercise of powers conferred U/s 92(1) of Rajasthan Land Revenue Act, 1956 ("Act, 1956") set apart One bigha of land out of Khasra No. 17 of village Chhatarpura for the purposes of small scale industries and vide subsequent order dated 18/12/79 (Ann.5) allotted one bigha of land to Narendra Kumar Tewari (respondent No. 5) in exercise of powers conferred U/r 2(b)(1) of Rajasthan Industrial Area (Allotment) Rules, 1959 ("Rules, 1959").