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2017 Supreme(Raj) 517

SANDEEP MEHTA
Raju son of Thinu Chowdhary – Appellant
Versus
State of Rajasthan, through the Tehsildar – Respondent


Advocates Appeared:
For the Petitioners:Mr. J.L. Purohit, Sr. Advocate a/w Mr. N.R. Budania, Advocate.
For the Respondent:Mr. A.R. Godara, Advocate.

JUDGMENT :

SANDEEP MEHTA, J.

1. By way of this writ petition, the petitioner Raju has approached this Court being aggrieved of the order dated 1.5.1992 passed by the S.D.O. (Revenue), Raisinghnagar whereby, the allotment of the agriculture land admeasuring 25 big has to the petitioner under the Raj Colonisation (Allotment & Sale of Government land to Pong Dam Oustees & their transferees in Indira Gandhi Canal Colony) Rules, 1972 (for short 'the Rules of 1972') was cancelled as well as the order dated 14.8.1998 passed by the Special Court (Pong Dam Oustees Cases) Sri Ganganagar rejecting the review application preferred by this petitioner against such cancellation.

2. Shri Purohit learned senior counsel for the petitioner assisted by Shri Budania urges that the allotment was made to the petitioner under the Rules of 1972 in the year 1973. As per Rule 6 (3) of the Rules of 1972, the initial allotment was to be treated for gair khatedari tenure but the khatedari rights would accrue to the allottee upon expiry of 10 years from the date of allotment. Cancellation of allotment was made by relying upon Rule 6(4) of the Rules of 1972 which would have no application because the department fail









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