Hon'ble LODHA, J.— This special appeal is directed against the order dated 23.4.97 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the respondent no. 3 herein, assailing the validity of order dated 3.11.87 by the Board of Revenue, Rajasthan, Ajmer has been allowed and accordingly, the order dated 13.10.80 passed by the Revenue Appellate Authority has been restored and consequently, the allotment of land made in favour of the appellant , stands set aside.

2. The appellants' father late Shri Raghu Nath was allotted 14 bighas of agriculture land comprising Khasra No. 288 at village Sogawas, district Nagaur vide order dated 24.11.62 by the Advisory Committee headed by Tehsildar, Merta. Shri Ramjiram , father of the writ petitioner , respondent no. 3 herein assailed the validity of the allotment made in favour of Shri Raghu Nath as aforesaid, by way of an appeal before the Additional Collector, Nagaur, on the ground that the land allotted to him out of total 97 bighas 14 biswas land comprising Khasra No. 288 forms part of the “public way” as shown in the revenue record and therefore, the same was not available for allotment in view of provisions o

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