AMRTI DEVI Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) Petitioners, the legal heirs of Sheru @ Sheru Singh, being his wife, sons and daughters, have filed this writ petition seeking quashment of order dated 5 th of March, 2012 (Annex.8) passed by Board of Revenue, and order dated 6 th of February, 2012 (Annex.6) passed by Tehsildar (Revenue), Anupgarh.

(2.) The facts, apposite for the purpose of this writ petition, are that Sheru @ Sheru Singh was allotted 25 bighas of agricultural land as Pong Dam Oustee in Square No.1/48 of Chak 18-H, Anupgarh, District Sri Ganganagar, under the Rajasthan Colonisation (Allotment and Sale of Government Land to Pong Dam Oustees and their Transfers in the Indira Gandhi Canal Colony) Rules, 1972 (for short, 'Rules of 1972'). In terms of allotment of land, the original allottee, Sheru @ Sheru Singh, was asked to deposit requisite charges in installments, as prescribed by Government under Rule 6(1) of the Rules of 1972. However, the requisite amount/installments were not deposited as per the terms of allotment order and that entailed cancellation of allotment vide order dated 16 th of November, 1976 (Annex.1) passed by Deputy Colonization Commissioner.

(3.) It is pleaded in the writ petition that Sheru @ Sheru Singh remained unaware about cancellation of allotment, therefore, during his lifetime he could not lay challenge to the said order. Be that as it may, after his death, petitioners made endeavour to question the cancellation of allotment by preferring appeal before the Revenue Appellate Authority, Sri Ganganagar in the year 1998. The said appeal was registered as Appeal No.425/98. As the appeal was filed belatedly, the petitioners made endeavour for seeking condonation of delay by filing application under Section 5 of the Limitation Act. The learned Revenue Appellate Authority, Sri Ganganagar, by its order dated 6th of March, 1999 (Annex.2) set aside the order of cancellation of allotment and directed the petitioners to deposit due installments within three months along with interest accrued thereon.