SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE point involved in this writ petition is a short one and, as has been stated by the learned Additional Government Advocate, it can be disposed of even without having a reply from the State.

(2.) SHORTLY stated, the facts of the case are that the petitioner applied for allotment of land as landless person and was allotted 25 Bighas of irrigated land in the Colony, Tehsil Chhatargarh in Chak 3 KD, "murabba" 170/18, under the provisions of the Rajasthan Colonisation (Temporary Cultivation Lease) Conditions, 1955, in the year 1971-72. The allotment was renewed for the year 1972-73, but was not renewed for the year 1973-74 on the ground that the petitioner was not proved to be a bonafide resident of Rajasthan from prior to April 1, 1955. Aggrieved by the order of refusal of renewal, the petitioner filed an appeal before the Deputy Colonisation Commissioner, who rejected the same. Thereupon, the petitioner, filed a second appeal before the Colonisation Commissioner, who came to the conclusion that an inquiry should have been held into the question of the petitioner being a bonafide resident of Rajasthan from prior to April 1. 1955. But unfortunately for the petitioner he found that in the 'jamabandi' produced by the petitioner himself, he was shown to be in possession of 3 Bighas & 3 Biswas of land at the time of initial allotment. Consequently, he held that the petitioner had given false information in the application for allotment and had suppressed the material fact that he was already in possession of some land and was not 'landless' judging the case from this stand point he dismissed the petitioner's appeal by pressing into service para 17 (4) of the Rajasthan Colonisation (Temporay Cultivation Lease) Conditions, 1955. The petitioner went in revision before the Board of Revenue for Rajasthan which concurred in the findings of the Commissioner Colonisation. Hence, this petition under Art. 226 of the Constitution.