JUDGMENT :

1. Though the matter is listed under ‘Orders’ Category but on the request of the learned counsels for both the parties, the matter is finally heard today itself.

2. The instant writ petition is filed under Articles 226 and 227 of the Constitution of India, claiming following reliefs:

“It is therefore, prayed that the present writ petition may kindly be allowed by an appropriate writ, order or direction:

A. The orders dated 15.07.1976 (Annexure-2) passed by the Dy. Commissioner, Colonization, Vijaynagar, Sri Ganganagar, order dated 16.08.1996 (Annexure-4) passed by RAA Sri Ganga-Nagar and order dated 13.02.2001 (Annexure-5) passed by Revenue Board, Ajmer may kindly quash and set aside.

B. That order dated 13.02.2001 (Annexure-5) passed by revenue board, Ajmer may kindly quash and set aside.

C. Any other appropriate order or direction, which this Hon’ble Court deems just and proper in the facts and circumstances of the present case, may kindly be passed in favor of the petitioner; and

D. Cost of this writ petition may kindly be awarded to the petitioner.”

3. The factual matrix of the case is that the petitioners father vide allotment order dated 21.08.1965 (Annexure-1) passed by Dy. Colonization Officer, Bikaner was alloted 25 Bighas of agricultural land in Chak 16 APD Tehsil Anoopgarh, Murraba No. 262/391 and upon the complaint filed by some private person, the allotment of land was cancelled vide order dated 15.07.1976 (Annexure-2) passed by Respondent No. 4, under Section 11 (14) of the Rajasthan Colonization Act, 1954 (hereinafter referred to as ‘the Act 1954’).

4. The petitioner approached the Board of Revenue, Respondent No. 1, against the cancellation of the allotment and after which the Respondent No. 1 remanded the matter back to the Deputy Commissioner, Respondent No. 4, and directed the Respondent No. 4 to carry out inspection and pass an order, thereafter, an order dated 15.07.1976 was passed Deputy Commissioner, Colonization, Respondent No. 4.

5. The petitioners father was discharged from the concerned trial court vide order dated 03.05.1978 (Annexure-3) and thereafter, the respondent authorities allotted the land in question to one Sh. Munshiram.

6. The petitioner thereafter, challenged the order dated 15.07.1976 passed by Respondent No. 4, before Revenue Appellate Authority, Sri Ganganagar Respondent No. 2, vide Appeal No. 295/1991, which was dismissed vide order dated 16.08.1996 (Annexure-4) by Respondent No. 2.

7. The petitioners thereafter, aggrieved by the order dated 16.08.1996 passed by Respondent No. 2, preferred an appeal vide Appeal No. Appeal/LR/147/96 before Board of Revenue, Respondent No. 1, which was also dismissed vide order dated 13.02.2001 (Annexure-5).

8. The petitioners earlier preferred the writ petition SBCWP 2366/2019 before this Court and same was dismissed vide order dated 08.07.2019 (Annexure-7) on the ground that the petitioners have no right to remain in posession of the disputed land, which is reproduced hereunder:

“By way of this writ petition, the petitioners-legal representatives of deceased Kalasingh, have questioned the legality of order dated 19.7.18 passed by the Board of Revenue, whereby the appeal preferred by him against the order dated30.1.06 passed by the Revenue Appellate Authority (RAA), Sriganganagar, has been dismissed. By order dated 30.1.06, RAA has dismissed the appeal preferred by Kalasingh against the order dated 30.9.80 issued by the Allotting Authority, allotting the land measuring 22 bighas comprising Murabba No.262/391 Kila No. 1to 22 of Chak No.16 APD.

Learned counsel appearing for the petitioners contended thatt he allotment made in favour of the respondent No.4 ignoring the fact that the petitioners were in occupation of the land in question on the strength of the allotment made in favour of their father, is ex-facie illegal. Learned counsel submitted that the allotment order was issued by the Deputy Commissioner, Colonization infavour of the respond