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2006 Supreme(Raj) 1450

K.S.RATHORE
Moji Ram – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Mr. G.K. Garg and Mr. Banwari Sharma, for the Petitioner.
Mr. M.L. Goyal, Mr. B.L. Awasthi, Additional Government Advocate, for the Respondents.

Judgment

K.S. Rathore, J.-Brief facts of the case are that Khasra No. 314 measuring 3 bigha 1 biswa situated in village Janoon was allotted in favour of the petitioner on 16.05.1981 by the Committee under the provisions of Rajasthan Land Revenue (Allotment of Land for Agriculture Purpose) Rules, 1970.

2. Respondent No. 4, Roop Chand moved an application for cancellation of the allotment of the land to the petitioner under Rule 14(4) of the Rules of 1970 on 27.07.1982 before the Collector. The Collector, Sawaimadhopur vide his order dated 03.05.1983 allowed the application and cancelled the allotment made in favour of the petitioner. The order of Collector dated 03.05.1983 was assailed by the petitioner before the Board of Revenue by way filing revision. The Board of Revenue set aside the Judgment passed by the Collector, Sawaimadhopur vide its order dated 011.1988 and remanded the matter back to the Collector with the direction that the matter may be decided again after giving an opportunity of hearing to the parties.

3. The Collector on remand again heard the application filed on behalf of the Respondent No. 4 under Rule 14(4) and set aside the allotment order vide order dated 16.









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