Sangeet Lodha, J. - (1.) This writ petition is directed against order dt. 11.11.05 of the Board of Revenue, Rajasthan, whereby an appeal preferred by the respondent No. 3 herein against the order dt. 29.1.02 passed by the Revenue Appellate Authority (RAA), Pali partly allowing the appeal preferred by the petitioner No. 1 herein, against the order dt. 20.2.01 passed by the District Collector, Pali, allotting the land ad measuring 0.44 hectare comprising khasra No. 1039 at village -Nadol in favour of the respondent No. 3 herein, stands allowed. Precisely, the facts of the case are that respondent No. 3 -Vishva Bharti Shikhsha Samiti, Nadol applied for allotment of 0.44 hectares of land of khasra No. 1039 situated at village -Nadol in the year 1997 under the provisions of Rajasthan Land Revenue (Allotment of Unoccupied Government Agriculture Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas and Other Buildings of Public Utility) Rules, 1963 (for short "the Rules of 1963"), for establishing a school. The District Collector vide order dt. 20.2.01 allotted the said land in favour of the respondent No. 3 for the purpose of construction of the school building for consideration of Rs. 43,355/ -.
(2.) Aggrieved by the allotment made as aforesaid, the petitioner No. 1 -Smt. Mangi Devi preferred an appeal before the RAA, Pali under Sec. 75 of the Rajasthan Land Revenue Act, 1956 (for short "the Act") on the ground that the respondent No. 3 is a profit making institution and its sole object is not of imparting education and therefore, the allotment made in its favour under the Rules of 1963 is illegal. It was contended that on behalf of the petitioner No. 1 that the land of khasra No. 1039 is a long strip adjacent to the road and while allotting the land, the neighbouring sides have not been specifically mentioned and thus, the allotment made is incomplete and taking advantage thereof, the Patwari has demarcated the allotted land in arbitrary manner, as a result whereof, the existing way to the khatedari land of the petitioner No. 1 comprising khasra No. 1035/1, shall stand obstructed. The RAA after due consideration partly allowed the appeal preferred by the petitioner, vide judgment dt. 29.1.02 and directed that the allotted land should be re -demarcated while leaving 25 ft. wide approach road in the west side of the petitioner's land comprising khasra No. 1035/1.
(3.) Aggrieved by the order dt. 29.1.02 passed by the RAA, the respondent No. 3 preferred an appeal before the Board of Revenue, Rajasthan under Sec. 76 of the Act, which stands allowed by the order impugned. Hence, this petition.;