D.B. Civil Special Appeal No. 626/2014. Case: Narayan Lal Vs The Board of Revenue, Ajmer and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal No. 626/2014 |
| Counsel | For Appellant: Mr. Madan Lal Purohit, Adv. |
| Judges | Amitava Roy, C.J. and Vijay Bishnoi, J. |
| Issue | Constitution of India - Article 226(3); Rajasthan Land Revenue Act, 1956 - Section 82; Rajasthan Tenancy Act, 1955 - Section 42 |
| Judgement Date | May 14, 2014 |
| Court | Rajasthan High Court |
Judgment:
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The remonstrance of the appellant (respondent no. 5 in the writ petition) is against the perceived summary rejection of his application under Article 226(3) of the Constitution of India seeking vacation of the interim restraint granted vide order dated 20.5.2013 passed in S.B. Civil Writ Petition No. 5660/2013.
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We have heard Mr. Madan Lal Purohit, learned counsel for the appellant.
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Abridged version of the pleaded facts as available would provide the factual background.
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The respondent no. 3 herein has instituted the aforementioned writ proceeding mounting a challenge to the judgment and order dated 6.3.2013 passed by the learned Board of Revenue, Ajmer in Reference/LR/4242/2008/Udaipur and the order dated 25.2.2008 passed by the learned District Collector, Udaipur in case no. 89/2007. Elaborating the relevant facts, the respondent no. 3 (writ-petitioner) has averred that the land involved measuring about 6 bigha 9 biswa was originally recorded in the name of the respondents no. 4 and 5 herein, but was later on recorded in his name pursuant to the judgment and decree dated 15.2.1979 passed by the learned SDO, Vallabhnagar in Revenue Case No. 9/1979. While admitting that he (respondent no. 3) did belong to a non-scheduled caste, he has further stated that by the order dated 25.2.2008, the learned District Collector, Udaipur made a reference under section 82 of the Rajasthan Land Revenue Act, 1956 (for short, hereinafter referred to as "the Act") to the learned Board of Revenue, Ajmer for cancellation of the judgment and decree dated 15.2.1979 on the ground that the transfer of the land in question in his favour was barred by Section 42 of the Rajasthan Tenancy Act, 1955. The respondent no. 3 mentioned inter-alia that meanwhile the respondent no. 4 had filed a suit in the Court of learned Civil Judge, Vallabhnagar also for annulment of the judgment and decree dated 15.2.1979. He also claimed to be in peaceful possession of the property. The learned Board of Revenue, Ajmer by the judgment and order dated 6.3.2013 however allowed the reference and cancelled the judgment and decree dated 15.2.1979 and further ordered that the entries vis-a-vis the respondent no. 3 in the revenue records be deleted. Situated thus, the respondent no. 3 instituted the above referred writ petition.
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By the order dated 20.5.2013, the learned Single Judge admitted the writ petition and granted the following interim relief:-
In the meanwhile and...
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