- (1.) By this petition, the petitioners have challenged the orders passed by the Revenue Authorities cancelling the allotment of land made in favour of Bhanwar Kanwar wife of Chhel Singh Rajput.
(2.) Facts giving rise to this petition stated briefly are that on 6-6-1962, 10 bighas of land was allotted to Smt. Bhanwar Kanwar in village Gura Mehkaran, Tehsil, Kharchi on the basis that she was a landless person. This land was sold by her by a registered sale deed D/- 24-12-72 to the present petitioner Dalpat Singh s/o Jorawar Singh. Proceedings were thereafter, taken up for cancellation of this land on the ground that the allottee Smt. Bhanwar Kanwar was not a landless person on the date of allotment as her husband Chhel Singh was recorded owner of 32.5 bighas of land in village Gura Sursingh. The Tehsildar, Kharchi therefore, recommended the Collector, Pali that the allotment in favour of Bhanwar Kanwar be cancelled. The Collector thereafter proceeded to cancel the allotment in favour of Bhanwar Kanwar on this ground. The order of Collector was challenged in appeal before the Revenue Appellate Authority, Jodhpur. The Appellate Authority decided the appeal on 31-3-79 and confirmed the cancellation on the ground that Chhel Singh, husband of Bhanwar Kanwar, was holding 32 bighas of land, and therefore, she was not landless person as contemplated by the Rules. The appellate order was confirmed by the Board of Revenue by its order dt/- 6-12-85. All these orders are, therefore, Challenged in this petition on the ground that all the orders are illegal and without jurisdiction and, therefore, liable to be quashed.
(3.) It is not disputed that the allotment in question is cancelled under the provisions of Rajasthan Land Revenue Allotment of Land (for Agriculture Purposes) Rules, 1970, by Rule 21 of these Rules, the Rajasthan Land Revenue Allotment of Land (for Agriculture Purposes) Rules, 1970 were repealed and the allotment made under those Rules could, therefore, be revoked or cancelled under Rule 14 of the Rules of 1970. The proceedings accordingly were initiated under Rule 14 of the Rules of 1970.;