Important Point—Cancellation of allotment of land cannot be resorted to without any reasonable ground.

Prakash Gupta, J.

1. The present writ petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India to assail the order dated 16th July, 1996 (Annexure-2) passed by the Additional Collector, Alwar; order dated 28th April, 1997 (Annexure-3) passed by the Revenue Appellate Authority, Alwar and order dated 15th June, 2001 (Annexure-4) passed by the Board of Revenue, Rajasthan Ajmer whereby the action of the respondents to cancel allotment of land in favour of the petitioners was upheld.

2. Briefly stated the facts of the case are that the petitioners being agriculturists and being eligible for allotment of land under the provisions of the Rajasthan Land Revenue (Allotment of land for agriculture purposes) Rules, 1970 were allotted agricultural land admeasuring 4 bighas and 8 biswas out of 13 bighas and 4 biswas land of Khasra No. 961 vide the allotment order dated 6th September, 1975 issued by the Assistant Collector, Laxmangarh (Alwar) of village Behrampur, Tehsil Laxmangarh, District Alwar. After allotment of the land, the petitioners got possession over the allotted land and started cultivating the same. As per the petitioners on their cultivating the allotted land in accordance with the rules, after ten years khatedari rights were given to them and they were recorded as khatedars in the revenue record. Despite this, the Addl. Tehsildar, Kathumar presented application dated 23rd February, 1996 before the Addl. Collector, Alwar contending that as per the conditions of the allotment the petitioners were not cultivating the allotted land and as such they have contravened the condition of allotment. Upon receiving the application, the Addl. Collector, Alwar initiated proceedings under Rule 14 of the aforesaid Rules and after hearing the petitioners, cancelled the allotment by the order dated 16th July, 1996. The petitioners preferred an appeal against the said order in the court of Revenue Appellate Authority, Alwar which came to be dismissed by the impugned order dated 28th April, 1997. Against the order passed by the RAA, Alwar the petitioners filed appeal before the Board of Revenue Rajasthan, Ajmer which came to be dismissed by the order dated 15th June, 2001. Hence, the petitioners have preferred the present writ petition.

3. The matter was listed before the co-ordinate Bench on 29th October, 2015 where the learned counsel for the petitioner submitted that in jamabandi for samvat 2056-2059, petitioners have been recorded as cultivating khatedars and the jamabandi for samvat 2056-2059 was not taken into consideration by the authorities below in right earnest, Shri Dharmendra Parrek, Addl. Govt. Counsel appearing for the respondents prayed for an adjournment to file affidavit of the concerned official regarding issuance and contents of Jamabandi relied upon by the counsel for the petitioners.

4. Pursuant to the aforesaid order, the learned counsel for the respondents had filed an affidavit wherein it has been specifically stated that khatedari rights were conferred upon the petitioners as per the directions issued by the competent revenue official.

5. Heard learned counsel for the parties.

6. Learned counsel for the petitioners has challenged the action of the respondents on the following grounds:-

"(i) that once the Khatedari rights have been accrued to the petitioners, the allotment could not have been cancelled under rule 14(4) of the Rules;

(ii) that the allotment in the present case was made in favour of the petitioners in the year 1975 and the order of cancelling the allotment was passed on 23.2.1996 after a lapse of 21 years which is not permissible; and

(iii) that the petitioners are in possession of the land and are cultivating the same since allotment and have not violated any of the conditions of the allotment."

7. On the strength of the aforesaid submissions, learned counsel for the petitioners has prayed that the orders passed by the revenue authorities be declared illegal and a