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2011 DIGILAW 2279 (RAJ)

State of Rajasthan v. Board of Revenue

2011-10-31

AJAY RASTOGI

body2011
JUDGMENT 1. - Instant petition is directed against the revisional order passed by the Board of Revenue dated 25.08.2010 pursuant to which the order passed by the Land Settlement Officer, Ajmer dated 01.02.1991 was set aside and the order of allotment made in favour of respondents-2-4 herein, dated 26.09.1971 was restored. 2. It will be relevant to record that only question which arose for consideration before the Board of Revenue was as to whether letter of allotment dated 26.09.1971 could have been cancelled by the authority after 20 years vide order dated 01.02.1991 without affording reasonable opportunity of hearing to the person concerned upon whom right was vested in terms of the letter of allotment. However, the Board of Revenue in its order impugned observed that after the allotment was made legal right was created which could not have been divested by the State or its authorities by passing order of cancellation dated 01.02.1991 without affording reasonable opportunity of hearing to the concerned allottee and such action was held to be in violation of principles of natural justice. It has been informed to this Court that pending proceedings before the Board of Revenue in the instant case, notice U/s 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules,1970 issued by the District Collector, Ajmer dated 01.10.2007 came to be issued which is pending adjudication and the present respondents-2-5 are the successors and purchasers over the property in question which was initially allotted to Ram Gopal who was original allottee and in whose favour allotment was made on 26.09.1971. 3. The respondents-2-5 have filed joint reply to the writ petition and in para-2 whereof it has been specifically averred that by common order allotment of 7 persons/allottees was cancelled by the Land Settlement Officer, Ajmer vide order dated 01.02.1991 and all of them preferred their respective revision petitions before the Board of Revenue and the order of cancellation dated 01.02.1991 being common in all 7 matters the Board of Revenue decided revision petitions by separate orders but in none of them writ petition came to be filed by the State of Rajasthan but the State has chosen to file writ petition against the order of the Board of Revenue passed in the case of present respondents-2-5 and there appears to be no justification for it. 4. 4. This Court would like to record that there appears to be no justification for the State in filing of the writ petition in one of the matter arising out of the order of the Board of Revenue and filing of writ petition in the instant matter more so when allotment of all the 7 allottees was cancelled by the functionary of the State Government by common order dated 01.02.1991 and apart from it, this Court would further like to observe that it is not the case of the petitioner that it was obtained by misrepresentation or fraud and that being so once the allotment was made way back vide order dated 26.09.1971 there appears to be no justification to pass order of cancellation without affording reasonable opportunity of hearing and this Court does not find any error being committed by the Board of Revenue in passing of the order impugned setting aside the order of cancellation dated 01.02.1991 pursuant to its order impugned dated 25.08.2010. 5. Submissions have also been made in regard to notice served by the competent authority U/s 14(4) of the Rules,1970 but since it is still pending adjudication, the respondents-2-5 are at liberty to raise objections pursuant to the notice served and it will be open for the authority to decide the same in accordance with law. 6. This Court does not find any substance in the instant petition which accordingly stands dismissed.Petition dismissed. *******