R.R.YADAV,J. - (1.) HEARD
(2.) PERUSED the orders passed by learned Additional District Collector, Jalore, learned Settlement Officer -cum -Revenue Appellate Authority, Sirohi camp at Jalore and the Board of Revenue, respondent No. 2 cancelling the allotment of the petitioner on the ground inter alia that the land cannot be allotted to him as envisaged under Rule 6(3) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred as Rules of 1970). The petitioner has been non -suited by all the courts below.
(3.) LEARNED Counsel for the petitioner Shri M.C. Bhoot urged before me that provisions of Rule 6(3) of the Rules of 1970 are ultravires to the statutory provisions envisaged under Sub -Section 4(1) to (iii) of Section 101 of the Rajasthan Land Revenue Act. It is to be noticed that Rule 6(3) of the Rules of 1970 has been framed by the State Government in exercise of its powers conferred by Clause (xviii) of Sub -section (2) of Section 261 of the Rajasthan Land Revenue Act, 1956 read with Section 101 of the said Act. The provisions contemplated under Sub -Section 4(1) to (ill) of Section 101 of the Rajasthan Land Revenue Act provide that if there is more than one person requiring the same land, the allotment shall be in the following order: (i) to co -sharers of the holding if it forms part of a compact block or is irrigated from the same source, preference amongst such co -sharers being given to one having land less than the area prescribed by the rules made under the Rajasthan Tenancy Act, 1955, (ii) to persons residing in the village in which land be situated, preference amongst such persons being given to persons having no land or less than the area prescribed by the said Rules, and (iii) by drawing lots; provided that the area so taken together with the area held by such person does not exceed the area prescribed by the said Rules. ;