SUKHVINDER SINGH Vs. ADDL. DISTRICT MAGISTRATE (VIGILANCE) AND ANR.
LAWS(RAJ)-2007-5-127
HIGH COURT OF RAJASTHAN
Decided on May 02,2007

SUKHVINDER SINGH Appellant
VERSUS
Addl. District Magistrate (Vigilance) Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) IN this writ petition, the petitioner is seeking direction for quashing impugned order dt. 05.02.1997 (Annex. -6) and respondents may be directed to record the land situated at Chak 52F, Muraba No. 16, comprising of kila 1 to 5 in the name of the petitioner and entries for Samvat Year 2051 to 2054, standing in the name of the Gurudwara, may be recorded in his name.
(2.) ACCORDING to facts narrated inter alia in the petition, the petitioner 's grand father late Kesar Singh was granthi of Gurudwara Chak 52F, Srikaranpur and being granthi of the Gurudwara he was village servant and allotment of the said land measuring 5 bigha was made in his favour on 07.08.1967 under the Rajasthan Colonisation (Gang Canal Permanent Allotment) Rules, 1957 (in short, ''the Rules of 1957 '' hereinafter) at the rate of Rs. 400/ - per bigha. It is averred in the writ petition that entire price of the land has been paid off and the petitioner is in cultivatory possession of the said land. It is submitted that the petitioner 's grand father Keshar Singh died on 03.06.1979 and later on his father Surjeet Singh also died, however, the family remained in cultivatory possession of the land. According to the petitioner, while revenue camp was held in the village some villagers moved an application that late Keshar Singh never cultivated the aforesaid land which stands in the revenue record in the name of the Gurudwara and made a request to cancel the allotment made in favour of late Keshar Singh. The said application alongwith recommendation was sent to Sub -Divisional Officer, Srikaranpur who, in turn, sent the papers to the Addl. Collector (Vigilance) Sriganganagar.
(3.) BEFORE the Addl. Collector, respondent No. 1 herein, both the parties were summoned and they produced documents before the authority. After consideration of the matter, the Addl. Collector (Vigilance) dismissed the application vide order dt. 04.07.1980 holding that late Keshar Singh had khatedari rights over the land. Aggrieved by that order, one Tara Singh filed appeal before the Revenue Appellate Authority, Bikaner which, too, was dismissed on 04.10.1982.;


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