On remand the Assistant Colonisation Commissioner, by his order dated January 19, 1976, again rejected the application of the appellant on the ground that at the time when temporary allotment was made to him he was a minor.
In addition, he also filed a certificate of the doctor showing that on the date of temporary allotment of the land, he had attained majority.
The revision petition filed by the appellant before the Board of Revenue of Rajasthan was rejected on January 24, 1980, and thereafter the writ petition filed by the appellant was dismissed by the High Court on July 13, 1982.
This appeal by way of special leave is by Brij Lal against the orders of the companyrt below as upheld by the High Court.
The Additional Colonisation Commissioner came to the companyclusion that even if the date of birth of the appellant was taken to be March 18, 1952, since the temporary allotment was made to him in the year 1969, he was minor on the date of the said allotment.
The appellant had placed on record the date of birth certificate from the Headmaster, Government Primary School, Khanansar, according to which his date of birth was March 18, 1952.
The Assistant Colonisation Commissioner rejected both the documents and also the application for permanent allotment.
The appeal filed by him was dismissed.
In the year 1974, he applied for permanent allotment of the said land but the application was rejected on the ground that from the photo affixed on the application form, it appeared that he was a minor.
The appeal filed by Brij Lal was dismissed by the Additional Colonisation Commissioner by his order dated February 21, 1977.
The Board of Revenue, Rajasthan, in exercise of the revisional powers remanded the case back to the original authority for fresh inquiry and decision in accordance with the Rajasthan Colonisation Allotment and Sale of Government Land in Rajasthan Canal Colony Area Rules, 1975, hereinafter called the Rules , which had been enforced meanwhile.
Kuldip Singh, J. BrijLal, the appellant, was allotted the land in dispute in the year 1970 on temporary basis.
