- (1.) The instant special appeal has been filed by the State of Rajasthan under Section 18 of the Rajasthan High Court Ordinance Act, 1949 against the order dated 29th of November 2005 passed by learned Single Judge in SBCWP No. 4172/1996 (Gani Mohd. v. State of Rajasthan and Ors.), whereby the learned Single Judge allowed the writ petition filed by the respondent/writ petitioner Gani Mohd. and quashed the order passed by the Addl. Collector, Bhilwara dated 14.01.1994 and the order passed by learned Board of Revenue dated 13.09.1994.
(2.) Briefly stated, the facts of the case are that an agricultural land comprising of Khasra No. 3768 measuring 3 Bigha and 16 Biswa and land of Khasra No. 3769 measuring 2 Bigha and 14 Biswa, was allotted to the writ-petitioner in Village Kundiakala, Tehsil Banera under Section 21 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for brevity, hereinafter referred to as 'Act of 1973') on 14.01.1983. According to writ-petitioner, the possession of the land was also handed over to him. Against the said allotment made in favour of respondent-Gani Mohd., a complaint came to be filed, upon which the Tehsildar filed an application before the Addl. Collector, Bhilwara for cancellation of allotment made in favour of writ-petitioner/respondent.
(3.) The said application (Application No. 285/34) was registered and show cause notice was issued to the writ-petitioner/respondent as to why allotment may not be cancelled. The Addl. Collector, Bhilwara while considering the fact that the writ-petitioner/respondent was regularly working on the post of Manager in Gram Sewa Sahakari Samiti, Baladrakha, Village Kundiakala, and he was not an agriculturist by profession. Further, considered the fact of having land of measuring 11 Bigha and 6 Biswa, therefore, the Addl. Collector, Bhilwara, cancelled the allotment dated 14.01.1983 of land made in favour of respondent Gani Mohd. vide order impugned dated 14.01.1994.;