D.B. Civil Special Appeal Writ No. 446/2014. Case: Gangavishan and Ors. Vs The State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal Writ No. 446/2014 |
| Counsel | For Appellant: Mr. S.L. Jain and Mr. Abhinav Jain, Advs. |
| Judges | Amitava Roy and Vijay Bishnoi, JJ. |
| Issue | Rajasthan Tenancy Act, 1955 - Section 212 |
| Judgement Date | May 05, 2014 |
| Court | Rajasthan High Court |
Judgment:
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Being aggrieved by the negation of the impugnment of the order dated 8.8.2008 passed by the learned Board of Revenue, Rajasthan, Ajmer thereby sustaining the adjudication on the issue involved by the Revenue Appellate Authority, Sri Ganganagar and the Sub-Divisional Officer (Revenue), Sri Karanpur, the writ-petitioners are in appeal seeking annulment of the order dated 9.1.2014 passed in S.B. Civil Writ Petition No. 510/2009.
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We have heard Mr. S.L. Jain, learned counsel for the appellants-writ-petitioners.
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The facts in brief necessary to be noticed are that according to the appellants-writ-petitioners, their predecessor-in-interest Puran Das had been allotted the land involved under the Rajasthan Colonization (Gang Canal Permanent Allotment) Rules, 1956 (for short, hereinafter referred to as "the Rules") and eventually, on his application, it was recorded in his favour as "Muhafidaar". However, an endorsement was also made as "Maafi-Masjid" in the jamabandi of samvat 2016. According to the appellants-writ-petitioners, without their knowledge, the said land was subsequently recorded as "sawai chak" i.e. Government land during the samvat years 2057 to 2060. Following such entry, the revenue authorities threatened the appellants-writ-petitioners to dispossess them from the land. A suit was thus filed by the son of Puran Das i.e. Devilal inter-alia for correction of the revenue records. Alongwith the suit, an application under section 212 of the Rajasthan Tenancy Act, 1955 was also filed seeking injunction against interference with his possession of the land. The defendants therein resisted the application for injunction on the ground that the suit land belonged to the Government and thus, the plaintiff was not entitled to the injunction as prayed for. The learned Sub Divisional Officer, Srikaranpur before whom the suit was filed by the order dated 2.4.2005 dismissed the application for injunction. Being aggrieved, an appeal was preferred against the order dated 2.4.2005 in the Court of the learned Revenue Appellate Authority, Sri Ganganagar, which vide its order dated 12.4.2005 dismissed the appeal. Devilal having unsuccessfully challenged the decision before the learned Board of Revenue, Ajmer, the appellants-writ-petitioners sought to invoke the writ jurisdiction of this Court to set at naught the above referred series of adjudication.
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The State-respondents while admitting that Puran Das had been allotted the land in...
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