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 of Rule 4 of the Rajasthan Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1957 ( in short “the Rules of 1957” hereinafter). The appeal was allowed by the Additional Collector, Nagaur vide order dated 28.8.66 and accordingly, the allotment made in favour of Shri Raghu Nath was set aside holding that the allotment made is in contravention of the provisions of Rule 4 of the Rules of 1957 and that the provisions of Rule 5 , 6(i) & (ii) and 13(ii)(b) of the Rules of 1957 have also not been complied with. On the further appeal by Shri Raghunath, the Revenue Appellate Authority, Bikaner vide order dated 16.3.68 confirmed the order dated 28.8.66 passed by the Additional Collector, Nagaur cancelling the allotment. The validity of order dated 16.3.68 passed by the Revenue Appellate Authority was assailed by Shri Raghunath by way of revision petition before the Board of Revenue. After due consideration, the Board of Revenue found that the allotment of land made by the Advisory Committee in favour of Shri Raghunath out of the land comprising Khasra No.288 recorded in revenue record as “Gair Mumkin Rasta” is bad in law. However, the revision petition preferred was allowed by the Board of Revenue vide order dated 17.12.76 holding that Shri Ramjiram , the father of the respondent no. 3 herein, was not entitled to prefer an appeal before the Additional Collector, Nagaur against the allotment made in favour of Shri Raghunath.

3. After passing of the order dated 17.12.76 by the Board of Revenue as aforesaid , Shri Ramjiram filed an application under Rule 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970( in short “the Rules of 1970” hereinafter) before the Additional Collector, Nagaur for cancellation of the allotment which came to be dismissed on 30.9.77, aggrieved by the same, he preferred an appeal before the Revenue Appellate Authority, Jodhpur. The appeal was allowed by the Revenue Appellate Authority vide order dated 13.10.80 and the order dated 30.9.77 passed by the Addl. Collector, Nagaur dismissing the application preferred by Shri Ramjiram so also the allotment made in favour of Shri Raghunath were set aside. Aggrieved by the aforesaid order dated 30.9.77, Shri Raghunath preferred second appeal before the Board of Revenue which was allowed vide order dated 3.11.87 and consequently, the order passed by the Revenue Appellate Authority dated 13.10.80 was set aside and the order dated 30.09.77 passed by the Addl. Collector, Nagaur and the original allotment order dated 24.11.62 made in favour of Shri Raghunath was restored. Since Shri Ramjiram expired during the pendency of the revision petition before the Board of Revenue therefore, the validity of the order dated 3.11.87 passed by the Board of Revenue

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