Alok Sharma, J. - (1.) THE issue in this writ petition is as to whether the land allotted to the erstwhile khatedar -Sardar Ali -now deceased and represented the petitioners -under the Act of the Rajasthan Land Reforms & Resumption of Jagirs Act, 1952 (hereinafter 'the Act of 1952') could have been cancelled under Sec. 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter 'the Rules of 1970'). It is an admitted fact not contested by counsel for the respondent State that the erstwhile khatedar, Khetri -Sardar Ali was allotted land as Khudkast under the Act of 1952 on an application made under Sec. 14 thereof. Section 19B of the Act of 1952 provides for cancellation of allotment of lands as Khudkast and states that the State Government on a complaint in writing made in that behalf or upon the facts otherwise coming to its knowledge, within six months from the date of the commencement of the Rajasthan Land Reforms and Resumption of Jagirs (Eight Amendment) Act, 1958 or the date of such allotment, whichever may be later, may after hearing the person complained against -order that the matter of the allotment of any land specified in Sub -section (1) of Section 19 may be examined by such officer, not below the rank of a Collector, as the State Government may by such order authorise and who may thereafter cancel such allotment if it was to be found that the allotments had been secured by means of fraud or misrepresentation on part of the allottee.
(2.) IN the instant case the land having been allotted to Sardar Ali - the erstwhile Jagirdar under the Act of 1952, could only have been cancelled under the provisions of the Act of 1952 subsequent to the prescribed procedure being adhered to. This has however not been done. In -stead proceedings were taken under Sec. 14(4) of the Act of 1970 and the allotment was perfunctorily cancelled without jurisdiction. The order of cancellation dt. 06.09.2006 is thus palpably without jurisdiction and liable to be quashed and set aside. The writ petition is therefore allowed and the order dt. 06.09.2006 passed by the District Collector, Sikar is quashed and set aside.;