- (1.) Petitioners have preferred this writ petition to challenge the impugned order dated 23.06.2015 (Annex.10), passed by Board of Revenue, Ajmer, whereby second appeal preferred by the State under Section 76 of the Rajasthan Land Revenue Act, 1956 (for short, 'Act of 1956') is dismissed upholding the order dated 05.03.2013 passed by Revenue Appellate Authority, Sriganganagar.
(2.) The facts, in brief, are that a land measuring 7.888 hectares bearing Killa No.20,21 of Stone No.148/45, Killa No. 2,3,4,7,8,9,12,13,14,16,17,18,19,22,23,24,25 of Stone No.128/37, Killa No.2 to 9,12,13,14,15 of Stone No.128/46 was allotted to fifth respondent under Rule 13(8) of the Rajasthan Colonization (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area) Rules, 1975 (for short, 'Rules of 1975') by Allotment Officer-cum-S.D.O., Suratgarh, on 29.09.2007.
(3.) Being aggrieved by the aforesaid allotment, petitioners laid a complaint on 15.10.2007 before Additional Collector, Suratgarh under Sections 11 & 14 of the Rajasthan Colonization Act, 1954 (for short, 'Act of 1954'), precisely on the ground that fifth respondent procured the allotment of said land by furnishing false and fabricated facts/informations to the allotting authority. In the complaint, it is also averred that taking into account the residential status of the fifth respondent, being a government employee and not in possession of the land in question, the requisite proofs furnished by him are false, concocted and fabricated. In their complaint, petitioners have also asserted with full emphasis that the land in question is in their possession and they are having their dwelling houses over the said land and their application for regularization is pending before District Collector, Sriganganagar. The Additional Collector, Suratgarh, registered case on the basis of complaint of the petitioners and issued summons to the effected parties. After hearing all concerned, Additional Collector, Suratgarh accepted the complaint of petitioners and by its order dated 27.02.2008 cancelled the allotment made in favour of fifth respondent.;