The High Court of Rajasthan dismissed a writ petition filed by the State of Rajasthan challenging a Board of Revenue order regarding land regularization. The Court found no illegality. The stay petition was also dismissed.
Writ petition and stay petition dismissed.
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. 11312/2016
State of Rajasthan
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. L.K. Purohit, Government Counsel For Respondent(s) : Mr. H.R. Chawla
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
04/11/2022
This writ petition has been filed by the petitioner-State being aggrieved with the judgment dated 05.02.2016 passed by the Board of Revenue, Rajasthan, Ajmer (hereinafter to be referred as ‘the BoR’).
Brief facts of the case are that a small patch of 3.5. bighas of land situated in Chak 49F of Murabba No.4 was allotted to one Buta Singh on 14.12.1962. Shri Buta Singh sold the said land to one Hardeep Singh vide registered sale deed dated 5.1.1963. Later on in the year 1981, Hardeep Singh and others sold the said 3.5 bighas of land to one Jethuram on 23.06.1981. The proceedings under Section 13A were initiated by the District Collector, Sri Ganganagar and in those proceedings, 3.5 bighas of land was regularized in favour of the private respondents vide order dated 01.04.1997.
(2 of 2)
[CW-11312/2016]
Later on, the District collector, Sri Ganganagar has reviewed its order passed on 01.04.1997 and withdrew the same vide order dated 31.01.2008.
Being aggrieved with the same, the respondents have preferred revision petition before the BoR and the BoR while taking into consideration the circular / order issued by the State Government dated 22.01.2005 has observed that the District Collector, Sri Gananagar has not committed any illegality in regularizing 3.5 bighas of land in favour of the respondents vide order dated 01.04.1997 and as per the circular / order dated 22.1.2005 issued by the State Government, there was no reason with the District Collector to review its own order and cancel the regularization order dated 1.4.1997.
Having heard learned counsel for the parties and having gone through the order of the BoR as well as the circular / order issued by the State on 22.01.2005, I do not find any case for interference in this writ petition.
Hence, this writ petition is dismissed.
The stay petition is also dismissed.
(VIJAY BISHNOI),J
9-Babulal/-
1 issue framed by the court
Whether the Board of Revenue's decision not to interfere in the impugned order related to land regularization warrants judicial intervention.
State of Rajasthan
Rajendra Kumar
Sachin Kumar
The Board of Revenue for Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
