S.K. Keshote, J. - (1.) Petitioner, Rajasthan Board of Muslim Wakf, Jaipur, by this petition under Article 227 of the Constitution of India, is challenging the order dated 5th of March, 1990 of the District Collector, Alwar. Under the order aforesaid the District Collector, Alwar allotted the land measuring 10 Biswa from Khasra No. 2198, the total 'rakba' of which was 13 biswa, to the respondent No. 4 for construction of 'Sainik Vishraam Graha" in Village Mundawar, District Alwar. The nature of the land aforesaid has also been converted into 'aabadi'.
(2.) The learned counsel for the petitioner submitted that the land in dispute is as "gair mumkin kabristaan" and it vests in the petitioner. It being the "kabristaan', could not be allotted by the District Collector, Alwar in favour of the respondent No. 4 for construction of 'Sainik Vishraam Graha'.
(3.) The learned counsel for the respondents, on the other hand, supported the order of the District Collector, Alwar.;