SURENDRA NATH BHARGAVA, J. - (1.) THESE two writ petitions can be disposed of by a common order, as they involve same point of law and are directed against the same order
(2.) PETITIONERS were allotted lands in the year 1952 for temporary cultivation. The Rajasthan Colonization Act was promulgated in the year 1954 and the Rajasthan Colonization (Bhakra Project Government Lands Allotment and Sales) Rules, 1955, came into force in 1955.In 1956, petitioner moved application for permanent allotment. Naib Tehsildar and Tehsildar made a report that petitioners were not permanent residents, and, therefore, they were not entitled to the allotment of the lands on permanent basis. Petitioners appeared before the Deputy Director (Colonization) Hanumangarh and produced evidence before him to show that he was resident of Rajasthan whereupon Deputy Director Colonization remanded the case for holding inquiry. Tehsildar Suratgarh, after holding an inquiry submitted his report dated 18 -10 -1961 (Ex. 1) that petitioners were residents of Rajasthan and recommended for permanent allotment. Another report by another Tehsildar dated 24 -4 -1961 (Ex. 9) is also to the same effect and, Assistant Colonization Commissioner submitted the papers to the Deputy Director Colonization but he rejected the application of the each petitioner vide his order dated 15 -12 -1961. Appeal preferred by the petitioners against this order was dismissed by the Revenue Appellate Authority by order dated 6 -7 -1964. Petitioners preferred revision before the State Government. The State Government allowed the revision petition vide order dt. Feb. 5, 1968 (Ex.12), and, recommended the case to the Colonization Commissioner to inquire in to the matter and arrive at a correct conclusion and if petitioner is entitled for permanent allotment to act in that connection. The Asst. Colonization Comrar. himself proceeded to the village Goluwala to hold a detailed inquiry on the site after due publicity by the order dt. 6 -8 -1969 (Ex. 2). The Asst. Commissioner Colonization after making detailed inquiry in 'Majma -e -Aam' submitted the detailed report dated 16 -8 -1969 (Ex. 3) opining that the petitioners have been wrongly described as 'Aadhuchari' and that they are the residents of the area and further recommended that the land should be allotted to them. However, the Commissioner Colonization still rejected the applications of the petitioners and relied on the earlier observations made in order dt. 15 -12 -1961 does not require any inference or amendment and sent the case back to the Collector, vide his order dated 24 -9 -1969 (Ex.7). The Collector on receipt of this order, vide his order dated 22 -10 -1969 (Ex.4) observed as under: I agree with the findings of the Colonization Commissioner. The parties concerned be intimated accordingly. and the file was sent to record.
(3.) PETITIONERS filed a revision before the State of Rajasthan which was transferred to the Board of Revenue for disposal and the Board of Revenue dismissed the revision vide order dated 6 -2 -1978 (Ex. 5) and it is against this order, present writ petition has been filed.;