Govind Mathur, J. - (1.) This appeal is preferred to question correctness of the judgment dated 05.03.2014 passed by learned Single Bench in S.B. Civil Writ Petition No. 4749/2007. In brief, facts of the case are that a piece of land measuring 0.44 hectares situated in Khasra No. 1039 at Village Nadol was allotted to the respondent Vishva Bharti Shiksha Samiti as per the provisions of the 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. The present appellant being aggrieved by the order of allotment preferred an appeal before the Revenue Appellate Authority, Pali as per the provisions of Sec. 75 of the Rajasthan Land Revenue Act, 1956 (for short, 'the Act of 1956') on the count 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 is illegal. It was also contended 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, thus, the allotment made is incomplete and taking advantage thereof, the Patwari has demarcated the allotted land in arbitrary manner. The demarcation made has adversely affected the right of way, which was already used by the appellants. Learned Revenue Appellate Authority by the judgment dated 29.01.2002 allowed the appeal in part by directing the authority competent to demarcate the land allotted to the respondent Vishva Bharti Shiksha Samiti while leaving 25 feet wide approach road in west side of the appellants' land within Khasra No. 1035/1.
(2.) To question correctness of the judgment passed by the Revenue Appellate Authority, the respondent Vishva Bharti Shiksha Samiti preferred an appeal before the Board of Revenue, Rajasthan, Ajmer and that came to be accepted by the judgment dated 11.11.2007. Learned Board of Revenue arrived at the conclusion that the Revenue Appellate Authority acted beyond the jurisdiction vested with it by providing way to the present appellants. The Board also observed that an alternative way is also available to the present appellants in eastern side of his agriculture plot.
(3.) The writ petition giving challenge to the order passed by the Board of Revenue has been dismissed by learned Single bench by the judgment impugned by holding that the order impugned does not suffer from any infirmity, illegality or jurisdictional error so as to warrant interference by this court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.;