B.J.SHETHNA, J. - (1.) THIS writ petition and the writ petitions mentioned in Schedule -A appended with this order, having common question of law, are decided by this common order.
(2.) ALL these petitions have been filed by the State of Rajasthan through the Commissioner Colonisation, Bikaner, challenging the impugned order passed by the Board of Revenue allowing the revision petition filed by the respondents in whose favour the land was allotted by the Assistant Colonisation Commissioner under Rule 13 -A of the Rajasthan Colonisation (Allotment and Sale of the Government Land in the Indira Gandhi Colony Area) Rules, 1975 (for short, 'the Rules') and the order passed by the Board of Revenue rejecting subsequent review petitions filed by the State. In August, 1989 Assistant Colonisation Commissioner made allotment in favour of the respondents in all these petitions by recovering full amount of the land. However, in 1990, the said allotment was challenged by way of applications before the Colonisation Commissioner on the ground that the allotment was made without due publication of notification in the public gazette by the allotting authority. The said applications were allowed by the Colonisation Commissioner in 1992 against the respondents filed separate revision petitions before the Board of Revenue and challenged the same. The Board of Revenue by its impugned order allowed all the revision petitions filed by the petitioners -present respondents on the ground that on a technical mistake like not issuing notification in public gazette, the allotment made in favour of the persons cannot be cancelled. Review petitions filed against the said order were also rejected by the Board of Revenue. Hence, these petitions.
(3.) THESE petitions are labelled as petitions under Article 226/227 of the Constitution of India but strictly speaking these petitions are under Article 227 of the Constitution of India, the scope for which is very narrow and limited. As held by the Supreme Court in Mohd. Yunus v. Mohd. Mustkim : [1984]1SCR211 even the error on law committed by the Courts below cannot be corrected by this Court in exercise of its supervisionary powers under Article 227 of the Constitution of India.;