B.J.SHETHNA, J. - (1.) THE petitioners are sons of late Vaktaq have challenged in this petition the allotment order dated 6th Sept. 1994 (Annex. -7) passed by the Collector, Banswara allotting the land in question to the respondent No. 5 for the purpose of starting Upper Primary School.
(2.) THE challenge to this allotment order was made before the Revenue Appellate Authority, but it was dismissed by an order dated 5.8.1989 (Annex. -8). It was further challenged before the Board of Revenue but the same was also dismissed on 16.4.1999 (Annexure/9). The allotment order as well as the orders passed by the RAA and the Board of Revenue at Annexures/8 and 9 respectively have been challenged in this petition by the present petitioners. The challenge is based on mainly two grounds. Mr. Shisodia Senior Advocate for the petitioner vehemently submitted that the petitioners have developed cultivated land in question since years together, therefore they were entitled for regularisation of the land. He submitted that instead of regularising the land, the same was wrongly allotted to the respondent No. 5 for constructing school. He further submitted that before passing the order of allotment the petitioners were never heard. Hence, the impugned allotment order at Annexure/7 is bad in law.
(3.) AS per the averments made in this petition itself it is clear that even their father (deceased) was not the owner of the land in question. His possession on the land was of a trespasser. It was not a 'Na -Kabil Kaste' land (not cultivable). Land in question is apertenent to the Arazi No. 224 and 225 of deceased Vaktaq who committed tresspass on the land and having illegal possession of it. It is the case of the petitioner that they being the sons of deceased Vataq they came in possession of the land and continue to develop the same.;