CHOPRA, J. - (1.) AS all the three petitions relate to same piece of land, therefore, they were heard together and they are decided by this common Order.
(2.) AN application by landless persons who wanted to form a Cooperative Society in the name of Samuhik Krishi Sahakari Samiti Mandalgarh made an application to attend the Tehsildar Mandalgarh for allotment of the land. That allotment was opposed by the Sarpanch. There has been a difference of opinion between the members of the Allotment Committee and the Tehsildar. The matter was referred for decision to the Collector under Rule 4 of the Rajasthan Land Revenue (Allotment of Land to Cooperative Societies) Rules of 1957 hereinafter called the Rules. The Additional Collector to whom the case was transferred ordered for the allotment of the land to the petitioner Society of Mandalgarh. The land was accordingly allotted to them, but that order was opposed by Samuhik Krishi Sahkari Samiti Kalyanpur District Bhilwara. They preferred appeal before the Collector, against the order of allotment of land to the Society by the Additional Collector. The Collector rejected the appeal and made a reference p73 to the Board of Revenue and the Board of Revenue ultimately vide ANx. 9 set aside the allotment vide its judgment dated 16. 2. 76 and further gave a direction that it may not bar to file a fresh application for allotment to these persons before the Tehsildar who will decide appeal in accordance with the Tehsildar who will decide the appeal in accordance with law i. e. as per Rule of the aforesaid Rules. In the meanwhile when proceedings were going on some part of this disputed land came to be allotted to certain other persons who are not parties to the proceedings and some land came to be allotted to respondent No. 4, that is Krishi Sahakari Samiti Kalyanpur. In the meantime review petition was also Tiled but that also came rejected vide ANx. 10 dated 23. 4. 76 by the Revenue Board. We have heard the learned counsel appearing for the parties and we are firmly of the opinion that in these writ petitions the petitioner Society i. e. Samuhik Krishi Sahakari Samiti Ltd. Mandalgarh's application for allotment of the land should be considered by the Tehsildar in consultation with the members of the Allotment Committee afresh against the available land which forms part of the order of the Additional Collector Anx. 4 dated 23. 3. 87. If any land out of this disputed land has been allotted to any body or for that matter to the Samuhik Krishi Sahakari Samiti, Kalyanpur that allotment stands saved. They will be entitled to own and cultivate that land as per Rules of any proceedings have been taken under section 145 of the Cr. P. C. about any portion of this land and it has been attached, that attachment order stands quashed. It is alleged that proceedings under section 145 Cr. P. C. have been taken in the Court of Executive Magistrate, Bhilwara and the land was attached vide Anx. 2 and Anx. 3 under the order of the Executive Magistrate. These orders of attachment and quashed are respondent No. 5 i. e. Samuhik Krishi Sahakari Samiti Kalyanpur is made entitled to enjoy that land. Now whatever land is available after the aforesaid allotment out of the disputed land ordered to be as allotted to Samuhik Krishi Sahakari Samiti, Mandalgarh by the Additional Collector in his order dated 23. 3. 68 Anx. 4 should be considered for allotment to the Samuhik Sahakari Samiti Ltd. No. 2, Mandalgarh on merits, according to Rules and a meeting of the Allotment Committee be called within one month of these orders and their applications should be considered on merits as aforesaid. If any other applications are further pending whether filed by the individuals or by Respondents No. 5 Cooperative Society and if any other land is available except the land which now remains after allotment mentioned in the order of the Additional Collector, these applications should be considered on merit and be decided as aforesaid. All the three writ petitions stand disposed of accordingly on merits with no order as to costs. .;