Honble SHARMA, J.—The petitioner seeks to quash the order dated September 21, 1988 of Khudkast Commissioner Rajasthan, whereby the allotment of land made by Collector (Jagir) Jaipur in favour of the petitioner on July 14, 1986 was set aside. (2). Contextual facts depict that Hakim Salimuddin Khan, the petitioners husband was Jagirdar of villages Ajabpura (whole), Khedli (half) Tehsil Lalsot District Jaipur and Ajijpura (whole) Tehsil Todabhim District Sawai Madhopur. Under section 21 of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (for short Jagir Act) whole of the jagir area was resumed. However on July 14, 1986 the Collector (Jagir) Jaipur invoked Section 14 of Jagir Act and allotted the agricultural land situated in village Akoda Dunger Tehsil Amer bearing khasra No. 220/1 measuring 32 bighas 17 biswas and lands situated in village Kukas bearing khasra Nos. 335 and 336 measuring 18 bighas 15 biswas and 4 bighas 18 biswas, in the name of petitioner. But on August 6, 1986, private respondents 4 to 9 challenged the allotment order by filing an appeal under section 39 of Jagir Act against the order dated July 14, 1986 before the Khudkast Commissioner which was allowed as indicated above. (3). I have heard the rival submissions. (4). Before proceeding further it will be useful to consider Section 14 of Jagir Act which reacts as under:— "14. Application for allotment of Khudkast:—(l) A Jagirdar who on the 1st day of July, 1954, does not hold any khudkast or who on such date holds khudkast less in area than the maximum area specified in section 18 (may not later than (the thirty first day of August, 1958) or within three months of the date of resumption, whichever is later, apply to the Collector or to the Commissioner for khudkast and for allotment of khudkast). (2) Every such application shall be in the prescribed form and shall be signed and verified in the manner provided in the Code of Civil Procedure, 1908 (Act V of 1908) for the signing and verification of plaints." Evidently allotment of Khudkast pre supposes following conditions:— (i) The Jagirdar was either not holding any khudkast on July 1, 1954 or holding Khudkast less in area than the maximum area specified in Section 18.
(ii) Jagirdar ought to have applied to the Collector for khudkast land for allotment of khudkast prior to August 31, 1958 or within three months of the date of resumption, whichever is later. (5). Having closely scanned the material on record, I notice that the application under section 14(1) of Jagir Act was filed by Hakim Salimuddin Khan but the said application which is annexed to the writ petition as Annexure-A, did not bear any date. Hakim Salimuddin Khan died on November 20,1967 and the land was allotted for khudkast in the name of petitioner on July 14, 1986. Unquestionably the petitioner herself never moved any application under section 14 of the Jagir Act. In my considered opinion the allotment made in the name of petitioner on the undated application of her husband who was expired long back i.e., in 1967, was against the mandate of Section 14 of Jagir Act. (6). For these reasons, I find no merit in the writ petition and the same stands accordingly dismissed. No costs.