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2006 Supreme(Raj) 2287

SHIV KUMAR SHARMA
Ram Kumar – Appellant
Versus
Colonisation Minister – Respondent


Advocates Appeared
Kamlakkar Sharma, for Petitioner;
R.P.Kuldeep, for State

Honble SHARMA, J.—The core question that emerges in the instant writ petition is —

"Whether section 83 of the Rajasthan Land Revenue Act, 1956 (for short, ‘1956 Act’) gives power to the Cabinet Minister to set aside the judicial decision of the Board of Revenue?

2. This question arises in the circumstances set out below:—

The petitioner, an ex-serviceman, was allotted land bearing khasra No. 1/3/3 measuring 8 bighas situated at village Hathnpur, Keshorai Patan Bundi vide allotment order dated November 26, 1983. On an appeal preferred against the allotment order the Revenue Appellate Authority, Kota set aside the allotment. The order of Revenue Appellate Authority was however, quashed by the Board of Revenue vide judgment dated December 8, 1995. On a revision filed against the order of Board of Revenue under Section 83 of 1956 Act the Colonisation Minister vide order dated June 18, 1997 set aside the judgment of Board of Revenue as well as allotment order. It is against this order of Colonisation Minister that the petitioner has filed the instant writ petition.

3. I have heard learned counsel for the parties.

4. Section 83 of 1956 Act empowers the State Government to call for the record







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