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PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT
Resham Lal son of Shri Hajari Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Dr. Pushpendra Singh Bhati, J:
1. By way of this appeal, the appellant (writ petitioner) has challenged the judgment dated 22.01.2008 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.282/1997 (Resham Lal Vs. State of Rajasthan), dismissing the writ petition of the appellant, preferred against the order dated 07.01.1991 passed by the learned Sub Divisional Officer (Revenue), Raisinghnagar; judgment dated 22.04.1992 passed by the learned Revenue Appellate Authority, Sriganganagar and; the judgment dated 30.12.1996 passed by the learned Board of Revenue for Rajasthan, Ajmer.
2. The bone of contention in the present case is 25 bighas of command area land comprising Kila Nos. 4 to 7 in Murraba No.198/372, Chak 2NZPD, Tehsil Sri Vijay Nagar, District Sri Ganganagar. As reflected from the record, the appellant’s claim for allotment of such land was rejected by the learned Revenue Authorities below. The challenge in the present case is also regarding the allotment of such land, as is made in favour of the respondent no.5 (since deceased, represented through his LRs herein), in phased manner i.e., on 26.11.1975 and 22.12.1976.
2.1. As per the ap
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 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 established that long-standing land allotments should not be canceled without substantial justification, emphasizing the need for fair treatment of agriculturalists.
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 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is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
Rules of Executive Business – Inter-departmental communications are in the process of consideration for appropriate decision and cannot be relied upon as a basis to claim any right – Merely writing s....
Delay in granting approval does not invalidate land allotment proceedings if no error is found in decision-making.
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