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2008 Supreme(Raj) 1657

SHIV KUMAR SHARMA, GUMAN SINGH
Guman Singh – Appellant
Versus
Board of Revenue – Respondent


For the Appellant:R.S. Purohit, Umesh Purohit and Ajay Gupta, Advocates.
For the Respondents:B. Pareek, Advocate.

JUDGMENT

1. An application under Rule 14(4) of the Rajasthan Land Revenue (Allotment of land for Agricultural Purposes) Rules, 1970 (for short, 1970 Rules) was decided by Additional Collector, Tonk in favour of the appellant and the allotment of land made to respondent Ramesh Singh was cancelled. Ramesh Singh, then preferred an appeal before the Revenue Appellate Authority which was allowed. The appellant preferred 2nd appeal under Section 76 of the Rajasthan Land Revenue Act. Learned Board of Revenue vide order dated April 18, 1996 dismissed the appeal in limine holding that it was not maintainable. The order of Revenue Board was assailed by the appellant by filing writ petition before the learned Single Judge but writ petition was also dismissed. Hence this appeal.

2. We have heard learned counsel for the parties.

3. In Narain and Anr. v. Board of Revenue and Anr. 2000 DNJ (Raj.) 317 , Division Bench of this Court held that complainant in the matter of Rule 14(4) of 1970 Rules is not merely an informant but he has to establish facts alleged in the application. The complainant has to establish that he was in possession of land before the allotment made to respondent. In such a situ




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