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1993 Supreme(SC) 259

KULDIP SINGH, N.M.KASLIWAL
Brij Lal – Appellant
Versus
Board Of Revenue – Respondent


Advocates:
A.P.Dhamija, ARUNESHVAR GUPTA, S.K.JAIN, S.M.Jain, SUDHANSHU ATREYA

Judgment

KULDIP SINGH, J.:- Brij Lal, the appellant, was allotted the land in dispute in the year 1970 on temporary basis. In the year 1974, he applied for permanent allotment of the said land but the application was rejected on the ground that from the photo affixed on the application form, it appeared that he was a minor. The appeal filed by him was dismissed. The Board of Revenue, Rajasthan, in exercise of the revisional powers remanded the case back to the original authority for fresh inquiry and decision in accordance with the Rajasthan Colonisation (Allotment and Sale of Government Land in Rajasthan Canal Colony Area) Rules, 1975, (hereinafter called the Rules) which had been enforced meanwhile.

2. On remand the Assistant Colonisation Commissioner, by his order dated Janaury 19, 1976, again rejected the application of the appellant on the ground that at the time when temporary allotment was made to him he was a minor. The appellant had placed on record the date of birth certificate from the Head master, Government Primary School, Khanansar, according to which his date of birth was March 18, 1952. In addition, he also filed a certificate of the doctor showing that on the date of







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