JUDGMENT 1. - All these writ petitions involving similar questions of law are being decided by this common judgment. 2. The facts of the writ petition No.6720/2002 are taken as leading case. A second appeal was filed under Section 76 of Rajasthan Land Revenue Act, 1956 against the order dated 5.9.2001 by the General Public, Ramsinghpura through their representatives before the Board of Revenue, Ajmer. Six appeals were heard and disposed of by the Revenue Appellate Authority on 5.9.2001 and since six separate appeals were filed before the Board of Revenue, the Board of Revenue, Ajmer also heard together as subject matter involved in the appeals is common. 3. The brief facts of the case are that on 26.10.1975 under the provisions of Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (for short hereinafter referred as the Rules of 1970), 21 (twenty one) persons were allotted land measuring 5-5 bigha each in Tehsil-Sawai Madhopur. The lands in dispute in the appeal belongs to Khasra No. 271, 365, 502 and 506 situated in Gram-Ramsinghpura. The disputed land was originally entered as Charagaha and, therefore, aggrieved by this order an appeal was filed before the Addl. Collector, Sawai Madhopur, who rejected the appeal vide its judgment dated 20.8.1979, which was upheld by the Revenue Appellate Authority, Kota vide its judgment dated 23.2.1980. 4. The Board of Revenue, Ajmer in the appeal vide its judgment dated 12.12.1980 accepted the appeals and remanded the matter back to the Addl. Commissioner with directions to make proper inquiry into each allotment and also to see whether there are eligible landless villagers itself whose applications have not been considered. 5. The Addl. Collector vide judgment dated 26.10.1975 cancelled the allotment and this order has been assailed in the appeal before the R.A.A. and same was accepted and the matter was remanded back to the Addl. Collector with a direction that he should examine the case in the light of the directions given by Board of Revenue. Subsequently, after further examination the Addl. Collector vide order dated 9.1.2001 held that the allotments were in order and in view of which he rejected the appeals. 6. Aggrieved and dissatisfied with this order dated 9.1.2001, the appellants filed appeal before the R.A.A., Sawai Madhopur and the same was rejected vide order dated 5.9.2001. 7.
Subsequently, after further examination the Addl. Collector vide order dated 9.1.2001 held that the allotments were in order and in view of which he rejected the appeals. 6. Aggrieved and dissatisfied with this order dated 9.1.2001, the appellants filed appeal before the R.A.A., Sawai Madhopur and the same was rejected vide order dated 5.9.2001. 7. Against the order dated 5.9.2001 a second appeal was preferred before the Board of Revenue, Ajmer which has also been decided while observing that the allotments have not been made as per the prescribed procedure and the change of classification by the Collector vide order dated 14.10.1975 is also not as per the law. Thus, the Board of Revenue, Ajmer has accepted the appeal and the judgment of R.A.A. dated 5.9.2001 and order dated 10.12.1999 passed by Addl. Collector, Sawai Madhopur were set aside. The allotments made to the respondents vide order dated 26.10.1975 in respect of the land bearing Khasra Np. 506/06 situated in village Ramsinghpura was also set aside. 8. The Board of Revenue further directed the Addl. Collector to re-examine the matter regarding the issue of order dated 14.10.1975 passed by the Collector and after due examination if he finds that it is appropriate case for reference, the same should be sent to the Board of Revenue under Section 221 and 232 of the Rajasthan Tenancy Act, 1955. 9. Having heard the rival submissions of the respective parties and upon perusal of the order passed by the Board of Revenue as well as order passed by the Addl. Collector, Sawai Madhopur and Revenue Appellate Authority, I find no illegality in the orders, as the Board of Revenue has remanded the matter to examine the case regarding order passed by the Collector dated 14.10.1975. If the Collector deem fit then can make reference under Section 221 & 232 of Rajasthan Tenancy Act, 1955. 10. I find no error apparent on the face of record. Since, innocuous order has been passed by the Board of Revenue, which requires no interference of this Court. 11. Consequently, the writ petition fails and the same is hereby dismissed being devoid of merit.Petition dismissed. *******