D.B. Civil Special Appeal (Writ) No. 222/2013 in S.B. Civil Writ Petition No. 15884/2012. Case: Kundan Prasad Vs The Board of Revenue for Rajasthan. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal (Writ) No. 222/2013 in S.B. Civil Writ Petition No. 15884/2012 |
| Counsel | For Appellant: Mr. K.K. Mehrishi, Senior Counsel assisted by Mr. Sanjay Mehrishi, Advocate |
| Judges | Amitava Roy, C.J. and Veerendra Singh Siradhana, J. |
| Issue | Civil Procedure Code |
| Citation | 2014 (2) WLN 250 (Raj) |
| Judgement Date | December 04, 2013 |
| Court | Rajasthan High Court |
Judgment:
Amitava Roy, C.J., (Jaipur Bench)
-
Being aggrieved by the judgment and order dt. 05.02.2013 passed in S.B. Civil Writ Petition No. 15884/2012, dismissing his challenge to the decision dt. 14.09.2012 of the learned Board of Revenue for Rajasthan, Ajmer, the appellant/writ-petitioners seeks redress in the instant appeal. We have heard Mr. K.K. Mehrishi, Senior Counsel assisted by Mr. Sanjay Mehrishi, Advocate for the appellant.
-
As the pleaded facts in the writ petition would reveal, in exercise of powers under Rule 20 of the Rajasthan Colonization (Chambal Project Government Lands Allotment and Sale) Rules, 1957 (for short, hereafter referred to as 'the Rules'), the Colonization Department of the State vide order No. F-4/17/Colo/99/60-Jaipur, dt. 27.11.2000, appointed Tehsildar, Bundi as an Authorized Officer for auctioning of Government lands. The Sub Divisional Officer, Bundi, by order No. 2382-85/Colo/2003, dt. 05.12.2006, in furtherance of the process, notified the auction of lands of village Jakhmund, as specified therein, on 21.12.2006. Accordingly, the Tehsildar, Bundi conducted the auction of 5 Bigha 1 Biswa of land out of area of 6 Bigha 4 Biswa in Khasra No. 626, 2 Bigha 1 Biswa in Khasra No. 627 and 3 Bigha 3 Biswa in Khasra No. 628, situated at Village Jakhmund. Vis-a-vis the land in Khasra No. 626, the bid of the respondent No. 5, Shri Omprakash was accepted, pursuant to which he also deposited 25% of the offered amount. The SDO, Bundi, however, vide order dt. 11.04.2007 declined to approve the auction of this land in favour of the respondent No. 5, being of the opinion that the land involved was adjacent to the land of Kota UIT and Badgaon and that the road of Karni Mata was in the vicinity thereof. The said authority also recorded that there was a difference in the area of the lands comprising Khasra No. 626, as mentioned in the relevant Jamabandi and Naksha trace and therefore, if the same was allotted without effecting necessary corrections in the revenue records, disputes were likely to follow. The SDO, Bundi, therefore, was of the view that the land comprising Khasra No. 626, ought to be kept reserved for Government/public use.
-
The appellant/writ-petitioner, however, was adjudged to be the acceptable bidder for the land in Khasra Nos. 627 and 628 and eventually, his auction was approved by the SDO, Bundi vide his order dt. 23.01.2007.
-
The respondent No. 5 being aggrieved by the order dt. 11.04.2007 of...
To continue reading
Request your trial