State of Rajasthan vs Ibrahim and Another

Govind Mathur, J.—The Commissioner, Colonization, Bikaner camp Jaisalmer by the judgment dt. 11.11.1999 cancelled allotment of land in command area to the petitioner under order dt. 16.12.1992 passed by the Allotting Authority cum Deputy Commissioner, Colonization, Bikaner. The cancellation of the allotment was made on the count that as per the police report the allottee was found involved in anti-national activities. Being aggrieved by the judgment dt. 11.11.1999, the allottee/petitioner preferred a revision petition before the Board of Revenue, Rajasthan, Ajmer and that came to be disposed of vide judgment dt. 21.9.2000.

The Board of Revenue arrived at the conclusion that the finding given by the Commissioner, Colonization was not founded on adequate material, as such, a direction was given to decide the matter afresh by availing fresh report from CID, Superintendent of the Police of the District and the Border Intelligence.

The submission of learned counsel for the petitioner is that the order passed by the Colonization Commissioner is based on the police report and, therefore, no need was there to remand the matter for its fresh consideration. Having examined the order dt. 11.11.1999, I am satisfied that the finding given by the Commissioner Colonization is not founded on adequate material, as such, the Board of Revenue rightly accepted the revision petition with a direction to the competent authority to consider and decide the matter afresh by availing appropriate reports from the competent authority. No interference, therefore, is required by this Court with the order impugned while exercising writ powers.

Accordingly, the petition for writ is dismissed.