- (1.) This writ petition has been submitted against the order dated 11.08.2005 passed by the Board of Revenue for Rajasthan at Ajmer in Revision No.Col./663/2000/Bikaner.
(2.) Subject matter of this writ petition relates to 4 bighas and 17 biswas of land situated in Murabba No.156/61 of Chak 1 PHM (A) comprised in Kila Nos.11 (2 biswas), 13 (15 biswas), 18 & 19 (2 bighas) and 22 & 23 (2 bighas) sought to be allotted as small patch land to the petitioner by the Sub- Divisional Officer, Khajuwala by way of an order dated 16.04.1998 (Annex.1) that reads as under.
(3.) The aforesaid order dated 16.04.1998 was challenged by way of two appeals before the Revenue Appellate Authority, Bikaner. Appeal No.37/1999 was filed by the Executive Engineer, Irrigation Department, Anupgarh Division-II, Gharsana; and appeal No.57/1999 was filed by one Satyanarain asserting himself to be the Chairman of Baba Ramdev Trust Samiti. It was contended before the Revenue Appellate Authority that the aforesaid allotment of 4 bighas and 17 biswas of land to the petitioner was wholly illegal inasmuch as the petitioner Smt.Shrangari Devi was not having any land in or around Chak 1 PHM; and the assertion made by the petitioner in her affidavit of having the land in Chak 1 PHM was wrong as her land was situated nearly 3 kms. away in Chak 7 KYD (B). It was contended that the petitioner was not entitled to get the land allotted as a small patch because such allotment could only be made to a tenant of adjoining land. It was also contended that the Patwari concerned had not rightly reported about the site because on the land in question government quarters were situated and the office of the Irrigation Department was also situated with stores.;