Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner is aggrieved against the order dated 13.9.1978 by which the Assistant Commissioner, Colonisation, Ghadsana, Tehsil Anoopgarh, after hearing the petitioner, ordered that since the land in question has been ordered to be allotted on permanent cultivation basis to respondent Patram, therefore, the possession of the land measuring 6 bighas 6 biswas allotted to Karamchand may be taken back from said Karamchand and possession may be delivered to Patram. Said order was challenged by Karamchand by preferring Appeal No. 856/78 before the Additional Commissioner cum Revenue Appellate Authority, Rajasthan Nahar Project, Bikaner in his lifetime. Appeal was dismissed by the said appellate authority vide order dated 12.1.1983. Karamchand preferred revision petition before the Board of Revenue to challenge the orders dated 13.9.1978 and 12.1.1983. The Board of Revenue dismissed the revision petition of said Karamchand vide order dated 13.4.1993. It appears that during pendency of the revision petition, Karamchand died and his legal representatives were taken on record, therefore, the present writ petition has been filed by one of legal representatives of deceased Karamchand to challenge the above mentioned orders including the order of the Board of Revenue dated 13.4.1993. Brief facts of the case are that a piece of land measuring 18 bighas 8 biswas of Chak No. 2DD Murabba No. 162/62 was allotted to one Patram (now deceased) on temporary cultivation lease basis lastly in the year 1971 -72. Said Patram applied for permanent allotment of the said land on the basis of his alleged right and on the basis of the priority as given by Sub -clause (b) of Sub -rule (1) of Rule 5 of the Rajasthan Colonisation (Allotment of Government Land to Post 1955 Temporary Cultivation Lease Holders and other Landless persons in the Rajasthan Canal Project Area) Rules, 1971 (for short 'the Rules of 1971'). The allotting authority vide order which appears to have been passed in the year 1974 decided to allot 12 bighas 4 biswas of land to said Patram on permanent basis under the Rules of 1971 out of 18 bighas 8 biswas land on the ground that the land in question is irrigated land and, therefore, Patram could have been allotted 12 bighas 4 biswas land and not entitled to 18 bighas 8 biswas land. Said Patram challenged the order of the allotting authority before the Commissioner, Colonisation cum Revenue Appellate Authority, Rajasthan Nahar Project, Bikaner by preferring Appeal No. 518/77. Before the appellate authority, said Patram submitted that the land in question is not irrigated land, therefore, he is entitled to allotment of whole of land measuring 18 bighas 8 biswas under the Rules of 1971. The appellate authority after taking note of the fact that Patram was temporary cultivation land holder for 18 bighas 8 biswas land and it was renewed upto samwat year 2030 and in view of the revenue record, a case is made out for holding fresh enquiry about the nature of the land and to find out whether the land in question is irrigated land or unirrigated land. If the land in question is unirrigated than the said petitioner was entitled to allotment of entire 18 bighas 8 biswas land. After remand order dated 21.6.1977, the allotting authority held that the land in question is unirrigated land and, therefore, said Patram was entitled to entire 18 bighas 8 biswas land. That during the pendency of the appeal of Patram for getting the entire land allotted to him under the Rules of 1971, the land was allotted to Karamchand (ancestor of petitioner) vide order dated 30.9.1975.
(3.) IN view of the order dated 17.5.1978, Patram submitted an application before the Assistant Commissioner, Rajasthan Canal Project, Ghadsana and prayed that part of land i.e. 6 bighas 6 biswas which has been handed over to Karamchand may be taken back by the State and may be delivered to Patram. Said application was allowed by Assistant Commissioner vide order dated 13.9.1978 after hearing both the parties and the Assistant Commissioner directed that the possession of land measuring 6 bighas 6 biswas of Chak No. 2DD which was allotted to Karamchand under the Rules of 1971 during the pendency of the appeal preferred by Patram, may be handed over to Patram. Said order was upheld by the Revenue Appellate Authority and the Board of Revenue as stated above.;