- (1.) Since all these writ petitions involve a challenge to the order dated 14.11.91 passed by the Additional Collector, Kota, which is more or less identical in all the cases and facts leading to the passing of the impugned order are also similar, these writ petitions are being disposed of a common order.
(2.) For the purpose of appreciating the questions of law raised by the petitioners, it will be appropriate to refer to some facts.
(3.) In Writ Petition No. 5291/91 Kanhaiya Lal v. The Additional Collector, Kota and others, it has been stated by the petitioner that he is an agriculturist by profession and he is in possession of land measuring 10 X 14 sq. feet in village Budhadit for more than ten years. Petitioner's father holds 50 bighas of land in village Budhadit. Petitioner has three real brothers and each brother has a share of 10 bighas of the said land. Father of the petitioner and his brothers are living separately and are cultivating the land of their shares separately. Petitioner has stated that he has raised a kachcha house on the piece of land measuring 10 X 14 sq. feet. On 31.7.90 he submitted an application to Gram Panchayat Budhadit for allotment of the aforesaid piece of land. On the basis of his application a site plan of the land in question was got prepared. Objections were invited and since no objection had been submitted by the villagers, Gram Panchayat Budhadit passed order for allotting the land to petitioner on 13.9.90 under Rule 267 of the Rajasthan Panchayat (General) Rules, 1961. This allotment was approved by the Panchayat Samiti Sultanpur vide its resolution dated 28.5.91. Against the order of allotment of the land made in favour of the petitioner, respondent No. 2 filed a Revision Petition before the Additional Collector, Kota and the Additional Collector has set aside this allotment by his order dated 14.11.91. The petitioner has assailed this order on the ground of lack of jurisdiction of the Additional Collector, non-application of mind and an error of law apparent on the face of record. In Writ Petition No. 5292/92 Lokesh Kumar v. The Additional Collector, Kota and others, the petitioner has stated that he is a resident of village Budhadit. He is in possession of land measuring 10 x 15 sq. feet for last more than 18 years. His father holds land measuring 50 bighas in the said village. He has got three brothers including Kanhaiyalal. Each brother separately cultivates his share of land. His brothers and father reside separately. He has constructed a kachcha house on the piece of land measuring 10 x 15 sq. feet. Other facts mentioned in this writ petition and grounds raised for challenging order dated 14.11.91 passed by the Additional Collector, Kota are similar to writ petition No. 5291/92.;