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1995 DIGILAW 645 (RAJ)

Surendra Kumar v. State of Rajasthan

1995-07-24

B.R.ARORA, D.C.DALELA

body1995
JUDGMENT 1. - The petitioner applied to the Tehsildar, Raisinghnagar, for allotment of twenty- four Bighas of agricultural land in square No. 43 of Chak 6-N.P. for temporary cultivation. The Tehsildar, vide its order .dated 13.8.84, allowed the application filed by the petitioner and allotted this twenty-four Bighas of land for temporary cultivation to the petitioner for a period of one year. In pursuance to the allotment order dated 13.8.84, the possession over the land in question was delivered to the petitioner on 14.8.84. Respondent No. 4 Manohar Lai, aggrieved of the order dated 13.8.84, passed by the Tehsildar, Raisinghnagar, making allotment of twenty-four Bighas of land for temporary cultivation in favour of the petitioner for one year, filed an appeal before the Collector, Sri Ganganagar. Alongwith the appeal, an application for the grant of stay was, also, filed by respondent No. 4 Manohar Lal. While admitting the appeal, the learned Collector, also, granted ex-parte stay order in favour of Manohar Lal for maintaining the status quo till further orders. The petitioner, in pursuance to the notice issued to him, appeared before the Collector and contested the stay application. After hearing both the parties, the Collector, vide its order dated 23.10.84, modified. the stay order and directed the Tehsildar that if the possession of the land in question has been given to Surendra Kumar in pursuance to the order dated 13.8.84 then the same may be taken back and be restored to respondent No. 4 Manohar Lal. The petitioner, aggrieved of the order dated 23.10.84, passed by the learned Collector, Sri Ganganagar, preferred a revision before the Board of Revenue and the Board of Revenue, by its order dated 22.3.85, dismissed the revision petition filed by the petitioner. Aggrieved of the order dated 22.3.85 passed by the Board of Revenue, the petitioner has preferred this writ petition. In this writ petition, the petitioner has prayed for quashing the order dated 22.3.85 passed by the Board of Revenue as well as the order dated 23.10.84 passed by the learned Collector, Sri Ganganagar. 2. While admitting the writ petition, the ex-parte stay order was passed by this Court, by which the execution of the order Annexure 4 dated 23.10.84, passed by the learned Collector was stayed. 3. 2. While admitting the writ petition, the ex-parte stay order was passed by this Court, by which the execution of the order Annexure 4 dated 23.10.84, passed by the learned Collector was stayed. 3. The orders have been challenged by the learned counsel for the petitioner on various grounds but it is not necessary to go into the merit of the case because the allotment of the land in question for temporary cultivation was made in favour of the petitioner for one year and in pursuance to that order, the possession was handed-over to the petitioner on 14.8.84. That period of one year, for which the allotment of land for temporary cultivation was made in favour of the petitioner, has already expired and, therefore, on the basis of the allotment order dated 13.8.84, the petitioner is not entitled to remain in possession over the land in question. The writ petition, filed by the petitioner, has, therefore, become infructuous. 4. The writ petition, filed by the petitioner, is, therefore, dismissed as having become infructuous.Writ dismissed. *******