SAIYAD MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - In this writ petition, the petitioner has prayed for quashing order passed by the Collector dated 15.09.1987 and order passed by the Board of Revenue dated 03.10.2008, Annex.-8 and order dated 01.01.2009, Annex.-9. Further, it is prayed that the respondents may be restrained from dispossessing the petitioner from the land in question.

(2.) As per facts of the case, an allotment was made in favour of the petitioner as landless person upon his application after following the procedure and consultation with the Advisory Committee and, in all, 9 bigha 12 biswa command land situated in Chak 4 LSM Sq. No.303/394, Killa 16 to 19, 20, 21 and 22 to 25 vide allotment order dated 26.05.1976. After allotment, the petitioner was appointed on the post of Patwari vide order dated 02.04.1979 and joined the duties as such. Contention of the petitioner is that he continued to cultivate the land through his family members.

(3.) A complaint was filed before the Addl. Collector Colonisation (Vigilance), Bikaner, in which, an allegation was made that the petitioner got allotment made in his favour by concealment of the fact that he is Government employee and posted as Patwari in revenue tehsil Anoopgarh and Government employees are not entitled for allotment. The allotment so made was cancelled vide order dated 25.09.1987. As per the assertion in the writ petition, the Collector relied upon the report of the Tehsildar that the petitioner is not cultivating the land personally and, so also, installments of the land cost were not paid by the petitioner and the petitioner is working at present as Patwari. The said order was challenged by the petitioner before the Revenue Appellate Authority, Sriganganagar, but, the said appeal filed by the petitioner was returned to him for presentation before the proper Court. As per the petitioner, said appeal was returned to him on 28.05.97 but the same was not communicated to the petitioner by his counsel till 07.11.1998.