The High Court of Rajasthan dismissed a writ petition challenging the Board of Revenue's decision to reject a reference regarding land ownership under the Rajasthan Land Revenue Act, finding no illegality in the order.
The writ petition and the stay petition were dismissed; the judgment dated 19.05.2017 of the Board of Revenue stands confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6310/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Amit Mehta
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/08/2021
This writ petition is filed by the petitioner being aggrieved with the judgment dated 19.05.2017, passed by the Board of Revenue, Ajmer (for short, hereinafter referred as, the Board of Revenue’) whereby the reference made by Additional Collector, Jalore under Section 82 of the Rajasthan Land Revenue Act, 1956 (for short hereinafter referred as, ‘the Act of 1956’) has been dismissed.
(2 of 3)
[CW-6310/2019]
The brief facts of the case are that legal heir of petitioner Jogendra Bharati filed an application before Additional District Collector, Jalore under Section 82 of the Act of 1956 while claiming that the land of Khasra Nos.233, 147, 110 & 42 of village Rama, Jalore were recorded in the name of Doli banam Mandir Mataji Vake Dhumda, Sarhad Moja Bhadrajune Batmam Pujari Sunder Bharati Chela Lal Bharati, however, the same were wrongly recorded in the name of Chhatra Singh, Bhoor Singh, Sultan Singh and Suja by the revenue authorities while deleting name of Doli Mandir. It was prayed before the Additional District Collector, Jalore that reference be made to the Board of Revenue, Ajmer for recording the name of Doli Mandir after deleting name of the above persons.
The Additional Collector, Jalore vide order dated 06.07.2010 dropped the proceedings in respect of lands of Khasra Nos.150, 112 & 108 and made reference for the land of Khasra Nos.252 admeasuring 2.06 hectare before the Board of Revenue.
The Board of Revenue, after hearing the counsel for the parties and scrutinizing the revenue records, has observed that the land for which reference has been made was recorded in the name of Khatedar Sultan Singh in Khatoni Samvat 2009-2028. It is also observed that as per Section 10 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (for short, hereinafter referred as ‘the Act of 1952’), a person, in whose name the land is recorded as “khudkasht” , at the time of enactment of the Act of 1952, is liable to be declared as Khatedar .
Having heard learned counsel for the petitioner and after going through the impugned order, I do not find any illegality in the same.
(3 of 3)
[CW-6310/2019]
Hence, this writ petition is dismissed. Stay petition also stands dismissed.
(VIJAY BISHNOI),J
14-T.Singh/-
3 issues framed by the court
Whether the judgment dated 19.05.2017 passed by the Board of Revenue dismissing the reference made under Section 82 of the Rajasthan Land Revenue Act, 1956 is illegal.
Whether the Board of Revenue correctly applied Section 10 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 to declare the Khatedar.
Whether the reference for recording the name of the Doli Banam Mandir Mataji should have been maintained.
2 provisions across 2 enactments
Lrs Of Jogendra Bharati, Chela Sunder Bharati Chela Santosh Bharati, 1.1. Raj Bharati Chela
State Of Rajasthan, Through The Tehsildar, Aahore, District- Jalore
Ram Singh S/o Chattar Singh
Deva S/o Shri Bhur Singh
Man Singh S/o Shri Heer Singh
Suja S/o Shri Bhura
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
