Govind Mathur, J. - (1.) THIS petition for writ is directed to challenge validity, correctness and propriety of the order dt. 12.09.2006 passed by Board of Revenue Rajasthan, Ajmer in Appeal/L.R./I.D. No. 1482/06/Pali.
(2.) IN brief, facts of the case are that the Collector Pali by an order dt. 16.09.2005 with a public purpose to construct a school building and develop playing fields for students allotted two hectares of land to respondent Ashwashan Balgram Sansthan, Alawas by setting apart the same from pasture land. The petitioners challenged the same by alleging allotment in violation of mandatory provisions of the Rajasthan Land Revenue Act, 1955. The Board of Revenue while rejecting the appeal preferred by the petitioners held that the Courts below did not commit any error while affirming the allotment of land under the order dt. 16.09.2005. On examination of the order impugned I also found that no error was made by the Collector in making allotment of land to respondent Ashwashan Balgram Sansthan, Alawas for a public purpose i.e. construction of school building and development of playing fields for students. No case, therefore, is made out to interfere with the order impugned by this Court under Article 227 of the Constitution of India. During the course of arguments counsel for the petitioners urged that as a matter of fact the respondent No. 2 is not utilising the land allotted to it for any educational purpose or a purpose ancillary thereto, however, no material is available to determine and settle the allegation. The land under the order dt. 16.09.2005 was allotted to the respondent only with a specific public purpose i.e. of running a school and playing fields, thus, if the land is used for any other purpose, it shall be open for the Collector, Pali to cancel allotment of land. The petitioners may also point out use of allotted land by the allottee for a purpose other than the public purpose prescribed in the order of allotment. On being satisfied about extraneous use of land allotted, it shall always be open for the authority competent to cancel the allotment made in favour of the respondent No. 2.
(3.) WITH the observations above, the writ petition is dismissed.;