S.N BHARGAVA, J. — This writ petition has been directed against the order of the Board of Revenue dated May, 17, 1977 dismissing the revision against the order dated May 5, 1976 of Collector, Sri Ganganagar.

2. According to the petitioner he had been cultivating sq. No. 36, Chak No. 44 LXP measuring 24-1/2 bighas for the last about 25 years continuously. The petitioner applied for permanent allotment of the said land but the Sub-Divisional Officer, Karanpur refused to allot land to the petitioner. The petitioner preferred a revision before the Government of Rajasthan which directed the Collector to consider the petitioners case for allotment. The Collector, Sri Ganganagar ultimately by his order dated April 26, 1971 allotted the said land to the petitioner. Originally the land was allotted in the name of one Veer Singh which was cancelled by the order dated September 23, 1967 and the land was allotted to non-petitioner No. 4 Saidas by the order dated September 25, 1967 and possession of the land was handed over to non-petitioner No. 4 on March 19, 1968 and March 25, 1968 as per Annexures R/l and R/2. The petitioner moved an application under Section 11/14 of the Colonisation Act to the Collector. The said application of the petitioner was dismissed by the Collector by his order dated November 13, 1968. The petitioner moved another application on December 26. 1968 before the Collector under Sec. 11/14 which was allowed by the Collector by his order dated March 25, 1970 and allotment in favour of Saidas was cancelled. Saidas preferred revision petition before the Board of Revenue, which by its order dated November 26, 1973 set aside the order of the Collector dated March 25, 1970 and further observed that if the Collector feels that the allotment is not in accordance with the law on account of facts other than those decided by the order dated November 13, 1968 having come to his notice, he can of course even now proceed in accordance with law within the limits of his jurisdiction to take appropriate action regarding this allotment. This order was not challenged and has become final. After passing this order, the Collector gave an opportunity to both the parties to lead evidence, but none of the parties cared to lead any evidence After hearing learned counsel for the parties, the Collector Ganganagar by his order dated May 5, 1976 dismissed the application of the petitioner under Section 11/14 of the Rajasthan Colonisation Act. The petitioner preferred a revision petition before the Board of Revenue which was dismissed on May 17, 1977 and against this order the present writ petition has been filed.

3. The non-petitioners, Collector, Sri Ganganagar and Sub-Divisional Officer, Karanpur have filed reply to the writ petition, as also respondent No. 4 Saidas has filed a separate reply to the writ petition. In both the replies it has been contended that the petitioner was not cultivating the land for the last 25 years though it has been admitted that the land was originally allotted to one Veer Singh in the year 1959 on temporary cultivation and the allotment of Veer Singh was cancelled by the Sub-Divisional Magistrate on September 23, 1967 and thereafter petitioner cultivated the land for some time surreptitiously. He was given a notice under Sec. 91 of the Rajasthan Land Revenue Act and ultimately a penally of Rs. 4,000/- was imposed upon him. It has been contended by the non-petitioners that the petitioner has failed to lead any evidence, either before the Collector, Sri Ganganagar or before this Court, that non-petitioner No.4 was allotted the land on giving false information and even if non-petitioner No.l had given false information, his allotment could not have been cancelled in view of Section 14 without giving a notice and opportunity to appear and hearing. It has further been submitted that the order of the Board of Revenue does not suffer from any error apparent on the face of the record and the writ petition deserves to be di

Click Here to Read the rest of this document