The Rajasthan High Court held that the writ petition seeking quashing of land allotment orders ascertained finality regarding one joint allottee who died, causing abatement, thereby depriving the State of cause of action.
The writ petition and stay petition were dismissed as devoid of merit due to abatement and lack of cause of action.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil Writ No. 3661/2001
State Of Raj.
----Petitioner
Versus
Satya Narain And Ors
----Respondent
For Petitioner(s) : None present For Respondent(s) : Mr. Sandeep Saruparia
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
22/10/2018
By way of this writ petition, the State of Rajasthan has approached this court seeking quashing of the order dated 12.01.1998 (Annex.3) passed by the Revenue Appellate Authority and the order dated 17.10.2000 (Annex.4) passed by the Board of Revenue and seeking reversal of the regularization of land allotted to the respondents Shri Satya Narain and Shri Kanhaiya Lal.
It is an undisputed fact that the land was jointly allotted and regularized in favour of both the respondents, i.e. Shri Satya Narain and Shri Kanhaiya Lal. Shri Kanhaiya Lal passed away long back and no steps were taken to bring on record his legal representatives. Therefore, the writ petition was dismissed by abatement to his extent on 22.08.2005.
The allotment was made jointly in favour of both the respondents and the impugned orders have attained finality qua the respondent Shri Kanhaiya Lal, by virtue of dismissal of the writ petition by abatement to his extent. Manifestly, thus, the cause of action does not survive with the State of Rajasthan for assailing
[CW-3661/2001]
(2 of 2)
the impugned orders qua the respondent No.1 as well. Thus, the writ petition as well as the stay petition are dismissed as being devoid of merit.
(SANDEEP MEHTA),J
Pramod/4
1 issue framed by the court
Whether the writ petition seeking quashing of land regularization orders survives after one of the joint allottees dies and the proceedings abated.
State Of Rajasthan
Satya Narain
Kanhaiya Lal
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
