1. - This petition is directed against the order of the Board of Revenue dated 23.2.1989 setting aside the order passed by the Additional Colonisation Commissioner, Bikaner dated 27.3.1985 and upholding the order passed by the Assistant Colonisation Commissioner, Gharsana dated 19.1.1979 (Annex.l), cancelling the allotment made in favour of the petitioner.

2. The brief facts giving rise to this petition are that the petitioner was allotted 20 bighas 10 biswas of land on permanent basis in the year 1974 and latter a small patch of 4 bighas 10 biswas was allotted on 9.7.1976. This land was allotted out of Khasra No. 108 which measured 50 bighas and had been allotted to the petitioner on temporary cultivation/lease in the year 1960 under the Rajasthan Colonisation (Temporary Cultivation Leases) Conditions, 1955 and this lease continued to be renewed from time to time till 1967, where-after the petitioner had applied for permanent allotment under the Rajasthan Colonisation Post-55 Rules and it was out of this land that the land in question was finally allotted to him on 24.8.1974 on permanent basis and khatedari rights were also conferred.

3. The allotment made in favour of the petitioner was cancelled on 19.1.1979 vide the order passed by the Assistant Colonisation Commissioner Annex.l on record and appeal taken to the Additional Colonisation Commissioner-cum-Revenue Appellate Authority was allowed vide the order dated 27.3.1985 Annex.2 and the order Annex.l was set aside. It was against this order of the Additional Colonisation Commissioner that the State filed a revision petition before the Board of Revenue and vide order dated 23.2.1989 passed by the Board of Revenue Annex.3 on record the order Annex.2 was set aside and the order passed by the Allotting Authority dated 19.1.1979 was upheld.

4. A review petition was also filed against the order of the Board of Revenue which also was dismissed in limine vide order dated 21.7.1989 (Annex.4).

5. The allotment of the petitioner was cancelled on the ground that the petitioner was in the service of the Government and was not entitled/eligible to seek the allotment and further that he obtained this allotment by fraud and concealment. Since this fact was not disclosed by him at the time of allotment therefore, both the allotment orders were cancelled. The learned Member of the Board further took notice of the provisions of Section 101(3) of the Rajasthan Land Revenue Act, 1956 which provides that no land could be allotted to the Government employee without the sanction of the Government or the Collector in the case of non-gazetted employee and further that in the year 1982, Section 2(xiii) was amended to provide that the Government employee shall not be treated as 'landless person' thereby the land could not be allotted under the Allotment Rules of 1975. It may, however, be relevant to state here that the desired sanction was given by the Collector in the present case though after a considerable period i.e. in the year 1985 and it was further stated in the order that on the date of allotment the requisite sanction had not been granted. In short, the learned Board cancelled the allotment on the aforesaid grounds.

6. Learned counsel appearing for the petitioner has vehemently argued that the petitioner and his family depended on agriculture and at the time when the temporary allotment had been made i.e. in the year 1960 the petitioner was not a Government employee as he joined the services in the year 1971, that too as a temporary employee. It is further not disputed that initially the land measuring 50 bighas had been allotted to him and it was out of that land that the present allotment was permanently made in the year 1974 and then a small patch was also added to it in the year 1976. It was further stressed that the petitioner could not be treated as a 'landless person', since he already held the land as temporary cultivation lease holder prior to his joining the Government servic