ARCHANA KASHYAP W/O NAND KANWAR Vs. STATE OF RAJASTHAN,
LAWS(RAJ)-2018-2-349
HIGH COURT OF RAJASTHAN
Decided on February 23,2018

Archana Kashyap W/O Nand Kanwar Appellant
VERSUS
State Of Rajasthan, Respondents

JUDGEMENT

M.N.BHANDARI,J. - (1.) By this bunch of writ petitions, a challenge is made to the order dated 7th November, 2014, passed by the District Collector, Jaipur. A direction is sought not to dispossess the petitioners from the land allotted to a Kupanyabadh Sanyukt Krishi Sahkari Samiti Limited, Kukas. The petitioners are said to be members of the samiti. The land was allotted under the provisions of the Rajasthan Land Revenue (Allotment of Land to Co-operative Societies) Rules, 1959 (for short "the Rules of 1959").
(2.) For convenience, facts of the writ petition bearing No.13068/2014, Prabhat and Ors. v. State of Rajasthan and Ors. , are taken.
(3.) It is stated that on 10th June, 1959, the State Government allotted an agricultural land in Village Kukas, District Jaipur to Kupanyabadh Sanyukt Krishi Sahkari Samiti Limited (in short "the samiti") constituted under the Societies Registration Act, 1860 (in short "the Act of 1860"). The samiti was having 21 members belonging to scheduled caste. A "tarmeem" of the land was prepared on 7th January, 1970. At that time, the samiti did not remain in existence and even few members died thus cultivation on the land was by their successors. The members of the samiti were paying "lagan" on cultivation of the land. The revenue authorities made an inspection of the area in the year 2014 and found that samiti is not existing. Some of the members are not cultivating the land thus respondents passed an order on 7th November, 2014 to cancel the allotment made in favour of the samiti. A direction was also given to take possession of the land and be recorded as "sivai chak". These writ petitions have been filed to challenge the aforesaid order.;


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