V.G.PALSHIKAR,J. - (1.) THIS appeal is directed against the judgment/order dated 20.11.91 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner and maintained the orders passed by the Revenue Authorities including the Board of Revenue.
(2.) BANTA Singh father of petitioner -appellant Diwan Singh was having 31/2 Bighas of land situated in Square No. 33 in Chak 28 -H of tehsil Sri Karanpur (district Sri Ganganagar). A small patch of 4 Bighas 9 Biswas of land adjoining to the land of the petitioner, was in the temporary cultivation of Banta Singh. This land was a government land. Banta Singh, therefore, applied for the allotment of four Bighas of land being a small patch of land, to him. One Indra Singh, whose land was situated in the same square, also, applied for allotment of the land in his favour being a small patch of land. The Collector, Sri Ganganagar, by his order dated 4.6.68 sold this land @Rs. 1500/ - per Bigha in favour of Indra Singh, Banta Singh filed an application before the Collector, Sri Ganganagar on 12.6.68 stating therein that this land has been wrongly allotted to Indra Singh as Indra Singh already held fifty Bighas of land in his possession. The application filed by Banta Singh was rejected by the Collector by his order dated 12.6.68. Banta Singh filed a review petition before the collector, Sri Ganganagar. That review petition was allowed by the learned Collector and the order dated 12.6.68 was quashed and set -aside and the small patch of land was sold in favour of Banta Singh.
(3.) INDRA Singh filed an appeal against this order before the Revenue Appellate Authority, Bikaner, which was allowed by the Revenue Appellate Authority on 2.8.69 and the case was remanded to the Collector to decide it in accordance with law after giving an opportunity of hearing to both the parties. After the remand, the matter was heard and decided by the Additional Collector, Sri Ganganagar, who maintained the order dated 31.5.69 passed in favour of Banta Singh.;