In a recent decision, the Rajasthan High Court declared that restriction would not be an impediment to the revocation of an allotment of land that was gained via fraud or deceit.
The single-judge bench of Justice Anoop Kumar Dhand decided that the allotment made in favour of the petioner’s father has never conferred any title or right as the authorities found out that such allotment was illegal because of misrepresentation of facts.
The Government was cancelled such allotment on the basic of a recommendations made by the ‘Beri Commission’ which was constituted by the Government.
“The allotment has rightly been cancelled by the Additional Collector because the allotment itself was made in favour of the father of the petitioners in contravention of the Rules by treating him as a “landless person” while he was in possession of bighas of land at the time of allotment and he was not a landless person”, observed by the bench sitting at Jaipur of Rajashtan High Court.
In making decision on that appeal, the High Court also referred the judgement in Chiman Lal v. State of Rajastan & Ors., AIR 2000 Rajastan 206 in the instant case legislature had thought not to bared by any limitation on application of certain statute and the Court also opined not to prescribe any limitation on application of such statute.
The court determined that the Additional Collector, Jaipur, had lawfully used his authority under Rule 44 of the Rajasthan Land Revenue (Allotment of land for Agriculture purposes) Rules, 1970 to revoke the allocation of two land parcels, measuring i) 7 Bighas and ii) 7 Bighas and 17 Biswas, which had been given in 1961 and 1964, respectively. These land allotments were cancelled by the Collector in 2001, after a lapse of 40 years; this cancellation was affirmed by Board of Revenue in 2011. Hence, the court refused to set aside the impugned orders.
Case No: S.B. Civil Writ Petition No. 1430/2012