Amaresh KU. Singh, J. - (1.) Heard the learned counsel for the appellant and the learned Additional Government Advocate.
(2.) This appeal is directed against the order dated 21st July, 1983 passed by the learned single Judge whereby he dismissed the writ petition on the ground that the order dated 9th November, 1982 passed by the Board of Revenue did not suffer from any infirmity.
(3.) The facts giving rise to the present writ petition may be briefly summarised as below : The appellant was allotted 12 bighas and 3 biswas of land in square No. 60/346 and 56/346 of Chak 2 N.S.F. District Sri Ganganagar on 14th February. 1974 by the Allotting Authority, Hanumangarh. The letter of allotment is Annexure 1. After that the appellant was allotted 8 bighas of land in Square No. 47/338 of Chak 4 N.S.W. and 7 bhghas of land in Square No 49/338 on 6th May, 1974, the appellant also obtained 3 bighas of land by way of share in the ancestral land held by his father. A notice was issued to the appellant under Rule 22(3) of the Rajasthan Colonisation (Allotment and Sale of Government Land in Rajasthan Canal Colony) Area Rules 1975, by the Colonisation Commissioner R.C.P. Bikaner on 14th July, 1978. The appellant submitted his reply to the said notice. The Colonisation Commissioner cum Revenue Appellate Authority R.C.P. Bilkaner cancelled the permanent allotment of 15 bighas and 16 biswas of land of Chak No. 4 N.L.W. of Murraba no. 47/339, vide order dated 10th July, 1980. The appellant filed a revision petition against the order dated 10th July, 1980, before the Board of Revenue, Ajmer. The revision petition filed by the appellant was partly allowed by the Board of Revenue vide order dated 9th November, 1982. The Board of Revenue held that the appellant had been allotted 12 bighas and 3 biswas of land in Chak 2 N.S.W. and he had additional 3 bighas and 4 biswas of land in Chak of Sri Ganganagar District and the total land held by him amounted to 15 bighas and 7 biswas and in these circumstances there should not be any question of allotment of 15 bighas and 18 biswas of additional land in Chak 4 M.S.W. in Kami-purti. The Board of Revenue, therefore, partly allowed the revision petition and modified the order passed by the Colonisation Commissioner to the extent of the allotment of land 12 bighas and 3 biswas of land in square No. 60/346 and 56/346 of Chak 2 N.S.W. was upheld and the cancellation of allotment of 15 bighas and 18 biswas of land in Square No. 47/339 of Chak 4 N.S.W. was confirmed.;