D.B. Civil Special Appeal (Writ) No. 144/2012 and 310/2012. Case: Bhagwati Singh and Ors. Vs Smt. Lad Kanwar and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal (Writ) No. 144/2012 and 310/2012 |
| Counsel | For Appellant: Mr. Suresh Pareek, Sr. Advocate with Mr. N.C. Sharma and Mr. M.C. Jain, Advs. and For Respondents: Mr. Ramesh Kumawat and Mr. Sanjay Mehrishi, Advs. |
| Judges | Mr. Arun Mishra, CJ and Dr. Meena V. Gomber, J. |
| Issue | Constitution of India - Article 227; Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 - Section 4 |
| Citation | 2012 (4) WLN 348 |
| Judgement Date | October 03, 2012 |
| Court | Rajasthan High Court |
Judgment:
Arun Mishra, CJ., (Jaipur Bench)
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The petitioner Puneet Kumar Sood has filed writ petition before Single Bench in which he has prayed for quashment of various orders in the matter of mutation passed by the Board of Revenue, Gram Panchayat, Tehsildar, etc. Following prayers have been made:-
(i) by an appropriate writ, order or direction, in the nature thereof it be declared that after the passing of the Rajasthan Land Revenue (Amendment) Act, 1989 the judgments of the Board of Revenue for Rajasthan, Ajmer dt. 08.03.1988 (Ann.10) and 04.09.2000 (Ann.11) have become non est and ineffective and the order dt. 23.01.1977 passed by the Gram Panchayat Chitwadi, has been restored and revived and the judgments of the Board of Revenue for Rajasthan, Ajmer dt. 08.03.1988 (Annexure-10) and 04.09.2000 (Annexure-11) may kindly be quashed and set aside;
(ii) by an appropriate writ, order or direction, in the nature thereof the order dt. 24.05.2005 (Ann.13) passed by Tehsildar, Chomu with regard to Mutation No. 379 may kindly be ordered to be quashed;
(iii) by an appropriate writ, order or direction, in the nature thereof the order dt. 26.05.2005 passed by Tehsildar, Chomu on Mutation No. 282 of Village Morija, Tehsil Chomu may kindly be ordered to be quashed.
(iv) by an appropriate writ, order or direction, in the nature thereof the Application dt. 16.05.2005 submitted by Tehsildar, Chomu in the Court of Sub Divisional Officer, Chomu for holding proceedings under Sec. 30-E of Chapter III-B of the Rajasthan Tenancy Act, 1955 and under Sec. 4 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 and the proceedings being held by the Sub Divisional Officer, Chomu on the basis of the same may kindly be ordered to be quashed;
(v) Any other order or direction, which this Hon'ble Court deem just, appropriate and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(vi) Cost of the writ petition may kindly be awarded in favour of the petitioner.
The basic dispute, as admitted by the learned counsel appearing for the parties, is with respect to the mutation.
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In the petition preferred by Puneet Kumar Sood, Smt. Lad Kanwar and Smt. Pyare Kanwar filed an application under Order 1 Rule 10 CPC for their impleadment as respondents claiming themselves to be daughters of Ganga Singh. The applicants prayed in the application for their impleadment on the basis that the property in question...
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