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2022 Supreme(Raj) 1138

SANDEEP MEHTA, KULDEEP MATHUR
Ganpat Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Anil Vyas, Advocate, Mr. Dalpat Singh for Mr. S.P. Sharma, Advocates., for the Appellant
Mr. Sunil Beniwal, AAG., Mr. Manish Sishodia, Sr. Advocate with Mr. Jaideep Singh, Advocates., for the Respondent

JUDGMENT

Sandeep Mehta, J. The petitioners herein have approached this Court through this writ petition in the nature of Public Interest Litigation for assailing the allotment order dated 23.05.2003 issued by the District Collector-cum-District Magistrate allotting 4 Bighas land to 'Rajkiya Shiksha Karmi Vidyalaya' for establishing a school in the Village Beroo. The grievance, which has been raised by the petitioners, is based on the foundation that allotment has been made from land categorized as 'Gair Mumkin Aagor' (catchment area) of the pond of Village Beroo and as such, the allotment of the land in question is dehors to the rules and contrary to the judgment of this Court in the case of Abdul Rehman Vs. State of Rajasthan & Ors., reported in 2004 (4) WLC (Raj.) 435. Though the allotment was made in the year 2003, but suddenly, after 17 years, the Tehsildar has passed an order dated 16.07.2020 for demarcating the land in question whereupon, the instant writ petition came to be filed.

2. While arguing the matter on 10.02.2021, learned counsel representing the petitioners submitted that though the order of allotment had been cancelled long back but despite that, the revenue authori

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