Rajasthan Colonisation Act, 1954–Sec. 13(1)–Land allotted in favour of L was subject to inhibition contained in Sec. 13(1) of Act–He was not authorised to sell, mortgage, exchange or gift the land or create a charge or sublet the same for more than five years–He executed the sale agreement in favour of B without obtaining the consent of State Govt.–B submitted the application for declaring the sale valid and offered to deposit the compounding charge in term of Sec. 13A–After his death, his son C filed the application for depositing the compounding fees–Meanwhile, L executed the sale deed in favour of BH–Order as regard to resume the land in favour of State–Set aside by Single Judge on the ground that BH was not given the opportunity of hearing before passing the order–Whether proper ?–Held, no–Fact of subsequent sale in favour of BH was never brought on record–Commissioner was appointed on the land and BH filed the appeal against this order–Therefore, she was aware about the pendency of proceedings–Further, the transaction of sale effected in favour of BH was in violation of provisions of Sec. 13(1)–Land was liable to be resumed in favour of State–Impugned judgment passed by Single Judge is liable to be set aside.
