1 D.B. CIVIL SPECIAL APPEAL(W)NO.421/2008 Honary Sec. Youth Hostel Association of India Vs. Board of Revenue Rajasthan, Ajmer & Ors. Date of Order :: 16-05-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr.P.S. Bhati, for the appellant. This appeal is directed against the judgment passed by the learned Single Judge dated 5.2.2008 whereby and whereunder, the writ petition filed by the appellant was dismissed. The appellant in the said writ petition challenged the judgments passed by the Board of Revenue dated 28.1.2004 and that of the Assistant Collector dated 24.12.1992. Shri P.S. Bhati, the learned counsel for the appellant has argued that the Board of Revenue earlier twice remanded the matter to the Revenue Appellate Authority with the observation that the land in question was allotted to the petitioner on 10.2.1990 and the Revenue Appellate Authority vide its orders passed on 12.12.1995 and 3.10.2000 upheld the said allotment in favour of the petitioner on both the occasions while observing that the judgment and decree dated 24.12.1992 was passed in the suit filed by the private respondent no.5 without impleading the parties, though the suit was filed on 23.7.1990 much after allotment of land in question in favour of the petitioner on 10.2.1990. 2 Learned counsel has argued that the private respondent could not feign ignorance about the allotment made in favour of the appellant on 10.2.1990 because he had separately filed appeal there against. It was argued that the State authorities did not oppose the suit filed by the respondent no.5 under Section 88 and since the said decree was thus obtained by collusion without impleading the petitioner who is affected party, it cannot be allowed to operate against him. Having heard learned counsel for the appellant and perused the judgment impugned as also the other documents forming part of the record, we find that the land in question in fact stood allotted to respondent no.5 way back on 31.8.1968 and on expiry of ten years therefrom, he acquired khatedari rights over such land. It was no longer available for re-allotment to any other party including the appellant. The Board of Revenue taking note of this aspect of the matter, in our view, has rightly restored the decree passed by the learned S.D.O. and therefore the judgment passed by the learned Board of Revenue dated 28.1.2004 does not warrant any interference by this Court. Allotment in favour of the appellant was wrongly made on 10.2.1990 without any notice or hearing to the respondent no.5. The learned Single Judge was therefore justified in dismissing the writ petition. We therefore do not find any merit in this appeal which is accordingly dismissed. [MOHAMMAD RAFIQ],J. [NARAYAN ROY],CJ. Praveen