ORDER

1. The appellant while being a Gram Sewak had applied for and was assigned on 18-11-1968, 5 bighas of land in Khasra No. 106 of Village Ramakhera, Tehsil Nimbahera under Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968, for short the Rules. By proceedings dated 20-6-1980, the Additional Collector, Chittorgarh, cancelled the allotment on the ground that the appellant had concealed the fact that he was working as a Gram Sewak at the time of application and allotment and that he was not a bona fide agriculturist and he is not a landless person. On appeal it was confirmed and in second appeal Board of Revenue confirmed the same. The appellant filed the Writ Petition No. 2394 of 1990. The Division Bench by order dated 12-7-1990 dismissed the same. Thus, this appeal by special leave. It is not disputed that a person who wants to obtain allotment of land under the Rules must be a landless person.

2. Rule 3 (vi-A) defines "landless person" as :

"Landless person means a resident of Rajasthan who is either a bona fide agriculturist or an agricultural labourer, cultivating or likely to cultivate the land personally and whose main source