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VINIT KUMAR MATHUR
Shiv Ratan, S/o. Shri Kashi Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 12.01.1999 passed by the Commissioner (Colonisation), IGNP, Bikaner as well as the order dated 23.03.1999 passed by the Board of Revenue, Ajmer affirming the order dated 12.01.1999.
3. Briefly the facts relevant to be noted in the present case are that the petitioner was a temporary cultivator of village Barsalpur, Tehsil Kolayat District Bikaner. While, the petitioner was cultivating the land, vide order dated 21.12.1985, his temporary cultivation lease was cancelled. Since, the possession of the petitioner over the land was not disturbed and he was in continuous possession of the land, the petitioner filed an application for permanent allotment of the land under the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony), Rules, 1975. On 05.09.1989, the Assistant Commissioner (Colonisation), ordered to place the said application before the Allotment Advisory Committee. The Allotment Advisory Committee vide its order dated 20.12.1990 dismissed the application of the petitioner seeking permanent allotment of the land in question. Si
The central legal point established in the judgment is the correct interpretation and application of the Rajasthan Colonization Rules, 1975, particularly regarding the definition of 'landless person'....
The court upheld the validity of land allotment under the Rajasthan Colonization Rules, confirming the authority of the Additional Commissioner to reject cancellation applications based on existing n....
The court established that long-standing land allotments should not be canceled without substantial justification, emphasizing the need for fair treatment of agriculturalists.
The sufficiency of evidence and material to support conclusions regarding rights over the land is crucial in cases involving correction of entries in revenue records.
The court upheld the dismissal of the appellant's writ petition, finding no violations of the Rajasthan Colonisation Rules and affirming the finality of prior allotments.
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is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
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