SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 1 SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) Dated: 18.5.09. HON'BLE MR.JUSTICE SANGEET LODHA Mr.J.L.Purohit, for the petitioner. Mr. Hemant Choudhary, Government Counsel. Mr.Sudhir Sharma, for the respondent no.4. 1. In this writ petition, directions are sought against the respondents to hand over the possession of the lands of Square No. 318/400 of Chak 27 APD allotted to the petitioner vide order dated 6.7.61. 2. The petitioner was allotted lands in Square No. 318/400 and 318/401 vide order dated 6.7.61 as an Ex-Jagirdar under the orders of Khudkast Commissioner , Rajasthan. The petitioner deposited the requisite amount vide challan dated 14.3.69 but the same was not sent by the bank to the office of the Allotting Authority and therefore, allotment made in favour of the petitioner was cancelled vide order dated 31.3.77. 3. Aggrieved by order dated 31.3.77,the petitioner preferred an appeal before the Additional Commissioner Colonisation-cum- Revenue Appellate Authority, Bikaner which was also dismissed vide order dated 12.12.83. The appeal was dismissed on the ground that it was filed by one Shri Ramavatar as a Power of Attorney holder , whereas the Power of Attorney placed on SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 2 record was in the names of Om Prakash and Ramavatar jointly. 4. A revision petition preferred by the petitioner against the aforesaid order was allowed by the Board of Revenue vide order dated 19.7.89 and accordingly, order dated 12.12.83 was set aside and the matter was remanded back to the Additional Commissioner Colonisation-cum-Revenue Appellate Authority, Bikaner with the direction that the appeal preferred by the petitioner shall be decided on merits. 5. After the remand, the appeal preferred by the petitioner was allowed by the Revenue Appellate Authority vide order dated 2.11.92 and the matter was remanded to the Allotting Authority with the directions that if the petitioner deposits the entire amount due if any, with interest within a period of two months then, the allotment made in his favour may be restored else, the order cancelling the allotment shall remain in force. 6. As a matter of fact, during the pendency of the appeal preferred by the petitioner, the land measuring 24 bighas and 10 biswas comprising Murabba no. 318/400 had already been allotted to respondent no. 4 Shri Shanker Lal s/o Sheo Bux. In these circumstances, the allotment made in favour of respondent no. 4 was assailed by the petitioner by way of an appeal before the Revenue Appellate Authority, Sri Ganganagar. After due consideration, the Revenue Appellate Authority arrived at the SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 3 finding that after the allotment the possession of the land has already been handed over to the allottee i.e. respondent no. 4 and the petitioner is not in possession of the land therefore, the allotment made in favour of respondent no. 4 cannot be interfered with. 7. Aggrieved by the aforesaid order dated 20.7.93 passed by the Revenue Appellate Authority, the petitioner preferred an appeal u/s 76 of Land Revenue Act, 1956 before the Board of Revenue. The appeal was allowed and the order passed by the Revenue Appellate Authority so also the allotment order dated 25.8.92 were set aside by the Board of Revenue vide order dated 9.1.94. 8. A writ petition preferred by the respondent no. 4 before this court assailing the validity of order dated 9.1.94 passed by the Board of Revenue was dismissed by a Bench of this court vide order dated 12.7.95. Thus, the order passed by the Board of Revenue setting aside the allotment made in favour of respondent no. 4 of the land in question has attained finality. 9. The petitioner submitted an application dated 13.5.96 before the Sub Divisional Officer to hand over the possession of the lands in Squares No. 318/400 and 318/401, however the petitioner was informed that in view of the stay order issued by the Deputy Secretary, Colonisation, Government of Rajasthan, SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 4 the possession of the lands of Square No. 318/400 could not be handed over to the petitioner. On inquiry being made, the petitioner came to know that a revision petition has been preferred by the respondent no. 4 before the State Government after the decision of the Board of Revenue dated 9.1.94. Hence, this petition. 10. It is contended by the learned counsel for the petitioner that the matter with regard to cancellation of allotment made in favour of respondent no. 4 having attained finality after the decision of the Board of Revenue dated 9.1.94 and order dated 12.7.95 passed by this court , the State Government has no jurisdiction to inter meddle in the matter inasmuch as, the order passed by the court of competent jurisdiction cannot be altered or amended by the State Government. Accordingly, it is submitted by the learned counsel that the respondents are bound to hand over the possession of the land in question to the petitioner . 11. The learned Government Counsel so also the learned counsel appearing on behalf of respondent no. 4 are not in position to defend the impugned action on merits, however, it is submitted that the writ petition preferred by the petitioner before this court for implementation of the order dated 2.11.92 passed by the Revenue Appellate Authority, Sri Ganganagar in SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 5 his favour is not maintainable. 12. It is to be noticed that the petitioner is not only seeking implementation of the order passed by the Revenue Appellate Authority, Sri Ganganagar in his favour but he has also questioned the jurisdiction of the State Government to entertain the revision petition preferred by respondent no. 4 , the allotment made in whose favour already stands set aside by the Board of Revenue and a writ petition preferred against the order of Board of Revenue also stands dismissed by this court. In considered opinion of this court, the matter with regard to cancellation of the allotment made in favour of respondent no. 4 having attained finality by a decision of the competent court, the State Government cannot reopen the proceedings in respect of the allotment made in favour of the respondent no. 4 by entertaining a revision petition preferred on his behalf. The order passed by the Board of Revenue is binding up on the parties and the respondents are under an obligation to implement the order dated 2.11.92 passed by the Revenue Appellate Authority restoring the allotment made in favour of the petitioner on fulfilment of the conditions specified. 13. In this view of the matter, the writ petition is allowed. The respondents are directed to restore the allotment of the lands of Square No. 318/400 made in favour of the petitioner in terms of SHAFI MOHAMMED VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.4421/97) 6 the order dated 2.11.92 passed by the Revenue Appellate Authority, Sri Ganganagar provided, he deposits the entire amount due with interest till the date of payment within a period of two months from the date of this order. On petitioner depositing the amount and restoration of his allotment as aforesaid, the possession of the lands shall be handed over to him within a period of two weeks thereafter. It is made clear that if the petitioner fails to deposit the amount within the stipulated period, the cancellation of his allotment shall remain in force. No order as to costs. (SANGEET LODHA),J. Aditya/-