65. Procedure for Inquiry into irregular allotment of abadi sites (Section 66).
(1)The Collector may, of his own motion and shall, on the application of any person aggrieved by any order of allotment under rule 61 or 62 proceed to make an inquiry in the manner given hereunder.(2)The application under this rule shall be supported by affidavit. The applicant or his counsel shall make the endorsement with date of filing the application. It shall be registered in the register of the case within a period of two working days from the date of filing the application.(3)The allottee and Land Management Committee shall be necessary parties to all such cases.(4)The applicant may move an application supported with affidavit for interim relief and the Collector may on such application of any party or otherwise may pass suitable interim orders at any time before the final disposal of the case.(5)If the Collector is prima facie satisfied that the applicant is an aggrieved person, he shall call upon all persons interested in the order of allotment to appear and present their case before him by filing counter affidavit within three weeks from the date of service of notice. The further time for filing the counter affidavit may be granted by the Collector on the sufficient grounds shown for the purpose.(6)If the counter affidavit is filed, the two weeks' time for filing the rejoinder affidavit shall be granted which may be extended on the sufficient ground shown for the purpose.(7)Where the proceeding is initiated suo motu, the Collector shall call upon all persons interested in the order of allotment to appear and present their case before him.(8)It shall not be necessary to record evidence but the memo of the day to day inquiry shall be kept on record by the Collector.(9)If the Collector, on making inquiries, is satisfied that the allotment is irregular, he shall cancel the allotment and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land shall cease and the same shall re-vest in the Gram Panchayat.(10)The Collector shall make an endeavor to conclude the inquiry within the period not exceeding six months from the date of registration of the case and if the inquiry is not concluded within the period aforesaid the reason for the same shall be recorded.
