Rajasthan High Court - Jaipur
State Of Raj vs Omkar And Ors on 31 October, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.12768/2011 State Versus Omkar Shrwan Nath & Ors Date of Order ::: 31/10/2011 Hon'ble Mr. Justice Ajay Rastogi Mr. Jinesh Jain, Govt. Counsel, for petitioner-State Government Counsel inter-alia submits that the respondent, to whom the land was allotted under the Scheme of Rajasthan Land Revenue (Allotment of Land for Agriculture purpose) Rules, 1970, has violated conditions of allotment as contemplated under Cl.7 of letter of allotment and the Board of Revenue has set aside orders of revenue courts below only on the premise that after a lapse of 10 years, khatedari rights have accrued to individual allottee, hence allotment could not have been cancelled. Counsel submits that if some body has violated conditions of the allotment of land during the period of ten years, mere lapse of the time will not confer any right to claim any khatedari rights in favour of the allottee. Heard. Admit. Issue notice. Notices may be given Dasti, if desired.
As regards interim relief, no case is made out. Consequently, prayer for interim relief stands rejected and stay application No.11669/2011 is dismissed. However, the orders, if any, passed pendente instant petition, will be subject to final outcome of the petition. A copy of this order be placed in stay application.
(Ajay Rastogi), J.
K.Khatri/p2/ 12768CW2011Oct31AdmNoNtc.doc