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NUPUR BHATI
Kishori Lal S/o Bangali Ram – Appellant
Versus
State Of Rajasthan, Through Tehsildar (Revenue) – Respondent
ORDER :
1. The instant writ petition has been preferred under Article 226 and 227 of the Constitution of India with the following prayers:-
2. Brief facts of the case are that:-
The Pong Dam oustees land situated in Chak 5 F.D.M.B. Tehsil-Suratgarh, Square No.98/340 total 25 Bighas was allotted to father of the petitioner on 24.12.1966 (hereinafter referred to as “the land in question”). The possession of the land in question was also allotted to him. However, the allotment of land in question was never cancelled by the competent authority but this land was recorded as the Government Land in the revenue record.
3. The aforesaid land in question was not in surplus for allotment. Despite that, the allotting authority, Suratgarh, allotted the said land in favour of Smt. Amrati Devi on 29.02.2016 without giving any opportunity of hearing to the petitioner.
4. In this regard, the appeal was filed against the order dated 29.02.2016 by one Harpal Singh, who claimed himself as the purchaser of the land in question from the father of the peti
The main legal point established in the judgment is that allotments obtained by misrepresentation or fraud can be cancelled without limitation, and such allotments do not confer any title over the pr....
Cancellation of alternate land allotment upheld for non-verification of family members and records; no natural justice breach; government superintendence valid; liberty for fresh eligibility-based ap....
The cancellation of land allotment based on the violation of land transfer rules under Rule 6(3) & (4) and the authority to cancel allotment under Rule 6(10) of the Rules of 1972.
The main legal point established is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
The automatic cancellation of government land allotment orders occurs when premium is not deposited within the stipulated time, irrespective of communication issues regarding the order.
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
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