Section 10 in The Rajasthan Colonisation (General Colony) Conditions, 1955
10. Withdrawal of Khatedari rights.
(1)Notwithstanding anything hereinbefore contained, the Collector [after giving an opportunity of hearing to the grantee] [Inserted by Notification No. F. 4(22) Revenue/Col./77, dated 31.07.1980-Rajasthan Gazette, Extraordinary, Part IV-(C), dated 12.08.1980, page 123.] may refuse to allow acquisition of Khatedari rights to all or any of the tenants of a Chak or village, if, for reasons to be recorded in writing he finds that:-(a)the state of crime in the village or Chak is such, as, in his opinion, to disentitle the grantees to the concession;(b)there has been in the village or chak a breach of the canal or distributary within the last 5 years and there is reason to believe that such breach was wilfully caused by the grantees of the chak or village;(c)there have been in the chak or village gross and repeated encroachments on the areas reserved for village Forest and "Charagah" (Common village Grazing Grounds) un-allotted village site and public roads and thoroughfare;(d)the condition of the chak or village is grossly unsanitary.Explanation. - Existence of borrow-pits within compounds of the houses or near village abadi, heaping of manure within compound, instead of outside the village; making of a village tank in places other than those indicated by a competent authority or failure to construct the stipulated village drinking water well or tanks, when called upon to do so by a competent authority, frequent use of village streets and lanes as latrines and for throwing of house sweepings and filth therein, shall be deemed to be proofs of existence of grossly unsanitary condition in the chak or village for purposes of this clause.(e)there has been persistent neglect of arboriculture in the village site or in the area allotted to the chak or village for purposes of plantation of village forest.(2)When the Collector has under the provision of sub-clauses (c) to (e) of clause (1) of this Condition, refused to allow Khatedari rights to be acquired, he may, notwithstanding such refusal, allow them to be acquired, if otherwise allowable when the encroachment, unsanitary stale or neglect, as the case may be, has been removed or remedied.
