ABDUL RAHMAN Vs. PRASONY BAI
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
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(2.)Mangal Singh (since deceased) and the 1st respondent herein, were originally residents of Pakistan. As a displaced person in India, Mangal Singh was allotted land measuring 11 bighas 16 biswas in village Shorba, Tehsil Kishangarhbas, District Alwar. The said Mangal Singh died whereafter a report was made by the village Patwari on or about 31-3-1978 to the effect that he had died intestate without any heir. Pursuant thereto and in furtherance thereof, escheat proceedings were initiated by the Tehsildar, Kishangarhbas on or about 12-3-1979. The possession of the land in question was taken by the Patwari from the 1st respondent on 28-3-1979. A part of the land in question was allotted to the appellant by the Tehsildar on 11-5-1979. The 1st respondent herein questioned the said allotment of land made in favour of the appellant herein. The Additional Collector by his order dated 24-8-1979 set aside the order of taking possession and restored possession thereof to Prasony Bai, the 1st respondent herein, and cancelled the allotment of land to the appellant. Against the said cancellation order dated 24-8-1979 made in favour of the 1st respondent, an appeal was preferred by the appellant herein before the Board of Revenue. The Board of Revenue by its order dated 28-11-1985 while maintaining the said order of cancellation of allotment observed that :
"(1) the order was passed behind the back of the party i.e. Parsony Bai; (2) that Tehsildar should not have allotted the land to Abdul Rahman without giving notice to persons in whose name the land already stood; (3) that it was, therefore, clear that Tehsildar, Kishangarhbas, Harish Chandra had acted in most irresponsible manner while allotting the land to Abdul Rahman; and (4) that for the highhandedness the disciplinary proceedings should be initiated against the Tehsildar."
(3.)The appellant herein questioned the said order of the Board of Revenue before the High Court by way of filing a writ petition which was marked as S.B. Civil Writ Petition No. 2274 of 1985 which was dismissed.
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