STATE OF RAJASTHAN AND ANOTHER Vs. RAM PRATAP AND ANOTHER
LAWS(RAJ)-2015-5-308
HIGH COURT OF RAJASTHAN
Decided on May 04,2015

State Of Rajasthan And Another Appellant
VERSUS
Ram Pratap And Another Respondents

JUDGEMENT

- (1.) This Writ Petition has been filed by the petitioners aggrieved against Judgment dated 13.1.2014 passed by the Board of Revenue, Rajasthan, Ajmer (Board), whereby, the revision filed by the respondent No. 1-Ram Pratap under Section 23(2) of the Rajasthan Colonization (Allotment and Sale of Government Land in the Indira Gandhi Canal Colony Area), Rules, 1975 ('the Rules') has been accepted and the Order dated 27.5.2002 passed by the District Collector, Sri Ganganagar ('Collector') has been set aside.
(2.) The respondent No. 1-Ram Pratap was allotted command land ad measuring 17 Bigha by the allotting authority by Order dated 25.10.1975; the respondent No. 1 filed application to get the land comprised in Murabba No. 140/8 under the small patch category, which was allotted to him by Order dated 7.1.1991; whereafter, the allotment order was also issued on the same date; the competent authority filed an application under Rule 22(3) of the Rules before the Collector questioning the allotment dated 7.1.1991 on the ground that the land in question did not fall within the definition of small patch; notices were issued to the respondent No. 1 and the Collector by his Order dated 27.5.2002 cancelled the allotment made in favour of the respondent No. 1.
(3.) Aggrieved, the respondent No. 1 filed Revision Petition before the Board and the Board allowed the Revision Petition and quashed the Order dated 17.5.2002 passed by the Collector on coming to the conclusion that the land in ration falls within the definition of small patch category and the Collector interpreted the issue involved in the matter.;


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