IMPORTANT POINT
The main legal point established is the authority's power to review its own order and the applicability of revenue laws as supplemental provisions.

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. Since, the order dated 20.12.1990 was passed without affording/giving any opportunity of hearing to the petitioner, therefore, on having come to know about the said order dated 20.12.1990, the petitioner filed an application under Section 151 of CPC and on that application, an order dated 20.08.1991 was passed by the Assistant Commissioner (Colonisation), IGNP, Kolayat for placing his case again for permanent Allotment before the allotment Advisory Committee. The Allotment advisory committee vide its order dated 07.03.1992 allotted 25 bighas of command land out of cultivation lease of 37 bigha land to the petitioner.

4. The Tehsildar (Colonisation), Kolayat District Bikaner after verifying the facts, issued a certificate (Annex.3) to the petitioner showing him to be the resident of village Barsalpur District Bikaner and that he is a bonafide agriculturist of village Barsalpur.

5. The Tehsildar (Colonisation), Kolayat preferred an application under Rule 24(3) of the Rules of 1975 before the Commissioner (Colonisation), Bikaner for cancellation of the Permanent Allotment made in favour of the petitioner. The application was allowed by the Commissioner (Colonisation), IGNP, Bikaner vide order dated 12.01.1999 and the permanent allotment of 25 bighas of land made in favour of the petitioner was cancelled. The order dated 12.01.1999 was assailed by the petitioner by way of filing a Revision Petition before the Board of Revenue, Rajasthan, Ajmer. The Board of Revenue, Rajasthan, Ajmer vide its order dated 23.03.1999, dismissed the revision petition filed by the petitioner. Hence, the petitioner has preferred the present writ petition.

6. Learned counsel for the petitioner submits that the Commissioner (Colonisation), IGNP, Bikaner had committed an error while passing the order dated 12.01.1999 holding that no power of review is vested with the allotting authority and the petitioner should have filed an appeal against the order dated 20.12.1990. Learned counsel further submits that it has been wrongly held in the order dated 12.01.1999 that the petitioner is not a bonafide resident of village Barsalpur, Tehsil Kolayat, district Bikaner. He submits that the Board of Revenue also rejected the revision petition filed by the petitioner on the same ground. Learned counsel submits that the petitioner is a resident of village Barsalpur and is a bonafide agriculturist of Khasra No.234 of the said village since issuance of Temporary cultivation of lease granted in his favour which is evident from the certificate (Annex.3) issued by the Tehsildar (Colonisation), Kolayat. Learned counsel further submits that the power of review is very much vested with the authority concerned.

7. He submits that though no power of review is provided under the provisions of Rajasthan Colonis