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2007 DIGILAW 9 (RAJ)

Valing v. Board of Revenue

2007-01-03

GOPAL KRISHAN VYAS, N.N.MATHUR

body2007
N.N. Mathur, J.— We have heard learned counsel for the parties. 2. This special appeal is directed against the order dated 28.06.1999 passed by the learned Single Judge, rejecting the writ petition. 3. Briefly stated the facts of the case are that the appellants-petitioner’s father was in possession of the land in Khasra No. 220 in village Badgaon measuring two and half bighas. It is averred that after the death of father of appellants namely Vaktaq Patel, the present appellants Valing and Amreng came in possession over the said land. The said land has been allotted for the construction of a school. The allotment was challenged by the appellants before the Revenue Appellate Authority but the same was dismissed by the order dated 15.18.1989. The said order has been confirmed by the Board of Revenue. 4. It was contended before the learned Single Judge that the appellants-petitioners being in possession over the subject land for long, therefore, they were entitled for the regularisation of the possession. The contention has been rejected by the learned Single Judge on the ground that the trespasser has no right of regularisation. 5. This Court taking in account long possession of the appellants and balance of equities, by order dated 26.11.2002 directed the Collector, Banswara to prepare a proposal for the allotment of the land to the appellants in exchange of the land sought to be allotted for the construction of the school. The observations are extracted as follows: “The subject land is required for the construction of school. The appellants are poor tribals. They are sought to be dispossessed on the ground that they are trespassers. The learned counsel has brought to our notice the provisions of Section 14A of the Rajasthan Colonisation –Mahi Project (Allotment & Sale) Rules, 1984. Without expressing opinion on the merit of the case, we feel that the matter pertains to a small piece of land measuring 2 bigha 10 biswa and the fact that the appellants are poor tribals, the Collector should consider to allot them land of similar nature elsewhere, as far as possible near to their residential place.” 6. Mrs. Gayatri A. Rathore, Collector, Banswara has filed the affidavit. It is averred that in pursuance of the order of this Court dated 26.11.2002, a Special Meeting of Allotment Advisory Committee was constituted. Mrs. Gayatri A. Rathore, Collector, Banswara has filed the affidavit. It is averred that in pursuance of the order of this Court dated 26.11.2002, a Special Meeting of Allotment Advisory Committee was constituted. The Committee proposed for allotment of land in Khasra No. 626 measuring 2 bigha and 10 biswa situated in Mahi Command Area. Further, it is stated that as per Rule 4(2) of Rajasthan Colonisation Mahi Project Government Lands (Allotment and Sale) Rules, 1984, up to 6 acre i.e. 15 bigha land can be allotted to the landless persons. It is further averred that as per the record placed before the Committee, the appellants are in possession of 16 bigha and 13 biswa and, thus, if the land allotted is added, it would be 19 bigha and 3 biswa, which is more than the limit prescribed in the Rules. Thus, a recommendation has been made to the State Government for the relaxation of the relevant Rules. The allotment has been made subject to the relaxation to be made by the State Government. 7. Considering all the facts and circumstances and keeping in view the observations made by us in our earlier order, we are of the view that no further approval is required from the State Government as the allotment has been made in pursuance of the order of this Court. Even if, formal approval is required to be obtained, the same may be obtained. Thus, the allotment made as referred in the affidavit of the Collector, Banswara is approved and made absolute. 8.Consequently, the Special Appeal is partly allowed. The formalities for the allotment of the land and delivery of possession as indicated above should be completed within a period of six weeks from the date of this order. * * * * *