ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner aggrieved against order dated 16.12.1986 passed by the Board of Revenue ('the Board'), whereby while exercising powers under Section 9 of the Rajasthan Land Revenue Act, 1956 ('the Act'), the allotment of land admeasuring 11 Bigha comprised in Khasra No.862 at Pali has been set aside and it has been directed that the land in question shall remain recorded as Gair Mumkin Rasta and the appeal filed by the petitioner against the order dated 19.10.1984 passed by the Revenue Appellate Authority ('the RAA') has been rejected, order dated 18.02.1987, whereby the review petition filed by the petitioner has been rejected and order dated 02.04.1987, whereby leave to file appeal against the orders dated 16.12.1986 and 18.02.1987 has been rejected.
(2.) The land admeasuring 21 Bigha 16 Biswa comprised in Khasra No.862 of Pali was recorded as Gair Mumkin Rasta; at the recommendation of Tehsildar, Pali, the Sub Divisional Officer, Pali by order dated 15.07.1966 ordered for recording 11 Bigha land as cultivable changing its nature from Gair Mumkin Rasta and the same was then allotted to the petitioner by order dated 10.11.1966 and since then the petitioner was in possession of the land in question. It is claimed that pursuant to the allotment, the petitioner deposited fee of L 5/- for grant of Sanad vide Annex.-2. The allotment was questioned and the Collector, Pali by his order dated 29.08.1970 (Annex.-3), noticed that though the petitioner is in service, however, he was a cultivator as well and does not have any land and, therefore, the allotment made to him be maintained. Even prior to that, proceedings under Section 212 of the Rajasthan Tenancy Act, 1955 ('the Tenancy Act') appears to have been initiated and by order dated 21.06.1968 (Annex.-4), the proceedings were dropped on account of the Sanad and the rent receipts issued in favour of the petitioner.
(3.) The issue of allotment made to the petitioner was examined and the Additional Collector, Pali vide his communication dated 30.01.1979 (Annex.-4A) on an application made by Girdhari Singh etc. reported to the Collector - (i) that the allotment is governed by the Allotment Rules, 1957, no restrictions have been placed in the Rules for allotment except that allotment within 5 Kms. of Jaipur city has been prohibited and the allotment having taken place before Rules of 1970 came into force, there are no restrictions; (ii) the SDO has power to convert the land; (iii) the passerbys on the road will not have any inconvenience and (iv) that there was no restriction under the Rules of 1957 and the restrictions have come in Rules of 1970 only. The issue regarding allotment of the land in petitioner's favour despite he being in service was also justified.;