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 16.08.1990. The petitioner preferred an appeal before the Revenue Appellate Authority against the order passed by the Collector which was also dismissed vide order dated 20.12.1990.

4. Aggrieved and dissatisfied with the Judgment passed by the Collector dated 16.08.1990 and the Judgment passed by the Revenue Appellate Authority dated 20.12.1990, the petitioner preferred a second appeal before the Board of Revenue and same was dismissed vide order dated 06.03.1995.

5. The petitioner by way of present writ petition challenging the order passed by the Collector dated 16.08.1990, Revenue Appellate Authority dated 212.1990 and Board of Revenue dated 06.03.1995 on the ground that since the petitioner has not played any fraud and on the basis of report submitted by the Patwari, the Committee comprised under the Allotment Rules, 1970, the land was allotted in favour of the petitioner.

6. Further challenged on the ground that the Collector has not properly considered the application moved on behalf of the Respondent No. 4 wherein it was alleged that the land in question and some other lands had been allotted to him in the year 1961 and since then he is in possession of the same and making the payment of Lagan to the State. It was alleged by the Respondent No. 4 that the petitioner in collusion with the Patwari got the land allotted in his favour on 16.05.1981.

7. The petitioner states that the petitioner was served with the notice under Section 91 of the Land Revenue Act in the year 1980 which clearly shows that the petitioner is in possession of the land in dispute and the petitioner had made the payment of the penalty. The petitioner also states that the Respondent No. 4 is not landless person and having certain piece of agriculture land with him and as such he was not entitled to get the benefit under the Allotment Rules, 1970 and filed a Jamabandi to this effect to show the details of the land possessed by the Respondent No. 4. And it is also denied that the Respondent No. 4 was in possession of the land in question and since the land is siwai chak, the allotment is made strictly in accordance with the Allotment Rules, 1970.

8. Having considered the rival submissions made on behalf of the parties and upon careful perusal of the orders impugned passed by the Courts below, the Collector after remand also considered all the aspects and after considering the submissions made on behalf of the petitioner again allowed the application filed on behalf of Respondent No. 4 and the order of the Collector is upheld by the Revenue Appellate Authority as well as Board of Revenue and the Board of Revenue has thoroughly considered the submission advanced on behalf of the petitioner and considered Rule 14(4) of the Allotment Rules, 1970 whereby the Collector shall have the p