S.B. Civil Writ Petition No. 2334/1995 with Stay Application No. 2003/1995. Case: Rambharosi Lal and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 2334/1995 with Stay Application No. 2003/1995
CounselFor Appellant: Mr. Bhanu Pareek, Advocate and For Respondents: Mr. S. S. Ali and Mr. Manoj Bhardwaj, Advocates
JudgesMohammad Rafiq, J.
IssueRajasthan Tenancy Act, 1955 - Sections 15, 19, 53
Citation2013 (1) WLN 583
Judgement DateJanuary 24, 2013
CourtRajasthan High Court

Judgment:

Mohammad Rafiq, J.

  1. Petitioners have filed this writ petition against order/judgment of the Board of Revenue for Rajasthan, Ajmer, dt. 10.01.1995 by which a reference made to it by the District Collector, Bharatpur, has been accepted. The District Collector, Bharatpur, vide order dt. 24.05.1994, under Sec. 9 read with Section 82 of the Land Revenue Act, 1956, made aforesaid reference to learned Board of Revenue at the instance of Tehsildar, Bharatpur, as also the general public of Anaha Gate, Bharatpur, inter-alia on the premise that khatedari rights conferred upon petitioner Bhoori Singh in the land of Khasra No. 335 measuring one bigha and eight biswa situated at Bharatpur, by setting aside mutation attested in favour of other petitioners Rambharosi Lal and others on the basis of sale-deed executed in their favour by aforesaid Bhoori Singh. Contention of learned counsel for petitioner is that the petitioners were allotted the land in dispute in August, 1958 and mutation was attested in their favour on 28.04.1962. One Charanlal S/o Inder Narain filed a false suit against petitioner and secured a decree of specific performance and, in compliance whereof, mutation was attested in favour of Charanlal. Petitioner No. 1 thereupon transferred the land to petitioners No. 2 and 7, on the basis of which another mutation dt. 09.03.1971 was attested in their favour. The suit filed by Charanlal was dismissed and thereafter his appeal was dismissed by this Court and also by the Supreme Court. It was thereafter that an application under Rule 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 (for short, 'the Rules of 1957') was filed by the State Government before the District Collector seeking a reference to be made to the Board of Revenue. Initially reference was declined by the District Collector by order dt. 13.10.1992 but subsequently the District Collector by subsequent order dt. 24.05.1994 made the reference. The Board of Revenue accepted the reference mechanically.

  2. Learned counsel for the petitioners submitted that the allotment of the disputed land was made in favour of the petitioner on his application dt. 19.08.1958 on proposal of one Desh Raj, member of the allotment committee, which the Tehsildar has accepted. Since two members could form of the Advisory Committee and both of them were member of the Advisory Committee therefore formation was complete. Petitioner continuously...

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