Prakash Gupta, J. - (1.) The present writ petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India to assail the order dated 16th July, 1996 (Annexure.2) passed by the Additional Collector, Alwar; order dated 28th April, 1997 (Annexure.3) passed by the Revenue Appellate Authority, Alwar and order dated 15th June, 2001 (Annexure.4) passed by the Board of Revenue, Rajasthan Ajmer whereby the action of the respondents to cancel allotment of land in favour of the petitioners was upheld.
(2.) Briefly stated the facts of the case are that the petitioners being agriculturists and being eligible for allotment of land under the provisions of the Rajasthan Land Revenue (Allotment of land for agriculture purposes) Rules, 1970 were allotted agricultural land admeasuring 4 bighas and 8 biswas out of 13 bighas and 4 biswas land of Khasra No.961 vide the allotment order dated 6th September, 1975 issued by the Assistant Collector, Laxmangarh (Alwar) of village Behrampur, Tehsil Laxmangarh, District Alwar. After allotment of the land, the petitioners got possession over the allotted land and started cultivating the same. As per the petitioners on their cultivating the allotted land in accordance with the rules, after ten years khatedari rights were given to them and they were recorded as khatedars in the revenue record. Despite this, the Addl.
(3.) Tehsildar, Kathumar presented application dated 23rd February, 1996 before the Addl. Collector, Alwar contending that as per the conditions of the allotment the petitioners were not cultivating the allotted land and as such they have contravened the condition of allotment. Upon receiving the application, the Addl. Collector, Alwar initiated proceedings under Rule 14 of the aforesaid Rules and after hearing the petitioners, cancelled the allotment by the order dated 16th July, 1996. The petitioners preferred an appeal against the said order in the court of Revenue Appellate Authority, Alwar which came to be dismissed by the impugned order dated 28th April,1997. Against the order passed by the RAA, Alwar the petitioners filed appeal before the Board of Revenue Rajasthan, Ajmer which came to be dismissed by the order dated 15th June, 2001. Hence, the petitioners have preferred the present writ petition.;