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The facts and circumstances giving rise to this case are that petitioner had been allotted the land measuring 20 Bighas under the provisions of the Rajasthan Colonisation (Allotment and Sale of Government Land in IGNP Area), Rules, 1975. Land adjacent to him, measuring 20 Bighas, had been allotted to one Shri Mula Ram. After the death of Mula Ram, the land was mutated in the name of his legal representatives. Subsequently, after the death of Mula Ram, the land allotted to him was cancelled. A small patch of land, measuring 4 Bighas 18 Biswas was also lying unallotted therein. Thus, the entire land, i.e. land once allotted to Mula Ram and the small patch, { 3} became available for allotment. Instead of allotting the said land to any eligible applicant, under the garb of allotment of small patch of land measuring 4 Bighas 18 Biswas, it was allotted to the petitioner without following any procedure or without filing any application. The said order has been cancelled and the order of cancellation stood affirmed upto the Board of Revenue.

Admittedly, there was no application made by the petitioner for allotting the small patch. Therefore, the question of allotting the small patch did not arise. Moreso, if the olther land once allotted to Mula Ram stood cancelled, the entire 24 Bighas 12 Biswas of land became available and this so-called 4 Bigha 18 Biswas (so-called small patch) has been wrongly carved out from the total land available at one place. In fact, no piece of it could be carved out for allotment as a small patch of land.