ARUN BHANSALI,J. - (1.) This writ petition is directed against the judgment dated 27/9/2016 passed by the Board of Revenue, Ajmer, whereby, the second appeal filed by the respondent nos.5/5 to 5/10 was accepted and orders dated 24/2/2016 passed by the Revenue Appellate Authority and 11/10/2015 passed by the District Collector, Barmer were set aside and the matter was remanded back to the District Collector to comparatively examine the circumstances and take a fresh decision regarding allotment.
(2.) The Gram Panchayat, Motisara, Panchayat Samiti Sindhari District Barmer by its resolution dated 20/2/2015 resolved to get allotted 5 Bigha land in khasra no. 239 ad measuring 20 bigha non-cultivable land. The Tehsildar by his letter dated 25/3/2015 approved the said request for allotment and the site inspection report was submitted to the SDO indicating that the land in question was lying vacant and there was no litigation pending and there is no dispute. By order dated 11/10/2015 (Annex.8), the District Collector under the provisions of the Rajasthan Land Revenue (Allotment of Unoccupied Government Agriculture Land for the construction of Schools, Colleges, Dispensaries, Dharamshala and other Buildings of Public Utility) Rules, 1963 ('the Rules, 1963'), allotted 2 Bigha 10 Biswa of land free of cost. Based on the said allotment, the land was mutated by indicating the land ad measuring 2 Bigha 10 Biswa as khasra no.239/1 and based on another allotment dated 8/3/2016 10 Bigha land was recorded as play ground in khasra no. 239/2. The possession of the land was handed over to the Gram Panchayat and Patwari indicated the same vide his communication sent to the Tehsildar on 4/11/2015. It is claimed that in the meanwhile, the local MLA objected to the allotment and required that the land in khasra no. 217 be allotted, on which the SDO sent a communication to the District Collector after inspecting the land and indicated that land in question was 2 kms. off the village 'Talia', whereas, khasra no. 217 was situated in village 'Talia' only. It was also indicated that Prabhu Ram, who lost the election, wanted the Panchayat Head Quarter to be constructed in khasra no. 217 and 251 and gave a comparative statement regarding the lands i.e. allotted land situated in khasra no. 239 and proposed land in khasra no. 217.
(3.) In the meanwhile, an appeal under Section 75 of the Land Revenue Act, 1956 ('the Act, 1956) came to be preferred before the Revenue Appellate Authority, Barmer in the name of General Public, Motisara. The Revenue Appellate Authority by its order dated 24/2/2016 came to the conclusion that the allotment was made after inquiry in which the appellants have failed to indicate any illegality and, therefore, the order of allotment based on administrative discretion does not require any interference and dismissed the appeal.;