Allowed

Sahab Ram v. State of Raj. and Ors.

Rajasthan HC12 Oct 2022CW/8123/2012

Case brief

AI extract

What is this about?

High Court of Rajasthan, Jodhpur allowed a writ petition quashing an order of the Board of Revenue dated 20.07.2012 which was passed without issuing notices to the petitioner, violating natural justice. The court directed the trial court to decide the pending suit within one year and maintain status quo.

What did the court decide?

The judgment and order dated 20.07.2012 passed by the Board of Revenue is quashed and set aside; trial court directed to decide suit within one year; status quo maintained.

Sahab Ram Vs State of Raj. and Ors. — Property and Title | Rajasthan HC (2022)

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(1 of 6)

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[CW-8123/2012]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 8123/2012

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Sahab Ram S/o Shri Shail Ram, aged 60 years, B/c Jat, R/o Narsinghpur, Teshil Padampur, District Sri Ganganagar.

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----Petitioner

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Versus

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State of Rajasthan through Tehsildar Revenue Department, Padampur.

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Board of Revenue for Rajasthan at Ajmer.

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Revenue Appellate Authority, Sri Ganganagar.

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Sub Divisional Officer, Padampur.

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Manphool (deceased) through legal representatives

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5/1 Smt. Jaikori W/o Shri Manphool

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5/2 Balram S/o Manphoo.

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5/3 Badri S/o Manphoo (deceased) through legal representatives

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5/3/1 Smt. Sharda w/o Badri Ram

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5/3/2 Ms. Sunita D/o Badri Ram

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5/3/3 Sunil S/o Badri Ram

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5/4 Braglal S/o Manphool

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5/5 Jagdish S/o Manphool

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5/6 Sohan Lal s/o Manphool (deceased) through legal representatives

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5/6/1 Smt. Guddi W/o Sohan Lal

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5/6/2 Magi lal s/o Sohan Lal

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5/6/3 Ms. Monika d/o Sohan Lal

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5/7 Suresh S/o Manphool

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All are B/c Jat, R/o Narsinghpur Tehsil, Padampur, District Sri Ganganagar.

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5/8 Smt. Vidya Devi D/o Manphool,, W/o Netraj B/c Jat, R/o Likhmewala, Tehsil Raisinghnagar, District Sri Ganganagar. 5/9 Smt. Guddi Devi D/o Manphool, W/o Lal Chand, B/c Jat, R/o Chak 2 K.H.M. (Khalia) Tehsil Pilibanga, District Hanumangarh.

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5/10 Smt. Rajjo Devi D/o Manphool, W/o Duli Chand, B/c Jat, R/o Chak 2 K.H.M. (Khalia) Tehsil Pilibanga, District Hanumangarh.

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(2 of 6)

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[CW-8123/2012]

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5/11 Smt. Kishna Devi D/o Manphool, W/o Kishan Lal, B/c Jat, R/o Chak 19 L.M.P. Tehsil Sardulshahar, District Sri Ganganagar.

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5/12 Smt. Vimla Devi D/o Manphool, W/o Ram Kumar, B/c Jat, R/o LIkhmewala, Tehsil Raisinghnagar, District Sri Ganganagar.

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Duda Ram S/o. Sahi Ram

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Girdhari Lal S/o Sahi Ram (deceased) through legal representatives

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7/1 harkori W/o Girdhari lal

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7/2 Balvant Ram s/o Girdhari Lal

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7/3 Ved Prakash S/o Girdhari lal

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All B/c Jat, R/o Nrisinghpur Tehsil Padampur, District Sri Ganganagar.

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7/4 Smt. Rajeshwari d/o Girdhari lal W/o Rajendra B/c Jat. R/o majhuwas, Tehsil Padampur, District Sri Ganganagar.

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7/5 Smt. Kamla D/o Girdhari lal, W/o Jagdish, B/c Jat, R/ o Daulatpura Tehsil & District Sri Ganganagar.

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7/6 Smt. Indra d/o Girdhari lal, W/o Vijay Singh, B/c Jat, R/o Ganeshgarh Tehsil & District Sri Ganganagar.

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Hetram (deceased) through legal representatives

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8/1 Smt. Mirjo Devi W/o Hetram

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8/2 Ajay Kumar s/o Hetram

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8/3 Vijay Kumar s/o Hetram

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All B/c Jat, R/o Ward No. 13 Purani Abadi, Sri Ganganagar.

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8/4 Smt. Annubala d/o Hetram, W/o Sandeep choudhary, B/c jat, R/o 1-C Patel Nagar, Bikaner.

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kashi Ram s/o Sahi Ram, b/c Jat, R/o Narsinghpur, presently Ward No. 13, Purani Abadi, Sri Ganganagar.

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Smt. Santo Devi D/o Sahi Ram, w/o Ram Kumar, R/o Karnisar Tehsil Vijaynagar, District Sri Ganganagar.

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Smt. Badu Devi D/o Sahi Ram, W/o Mithu Ram, r/o Kamrania Tehsil Vijaynagar, district Sri Ganganagar.

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Smt. Bidama Devi D/o Sahi Ram, W/o Dharma Ram, R/o Amarsinghpura, Tehsil Pilibanga, District Hanumangarh.

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Krishna lal S/o Sahi Ram, B/c Meghvanshi, R/o Narsinghpur Tehsil Padampur, District Sri Ganganagar.

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Smt. Baga Devi W/o JHajari Ram

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Smt. Janki Devi D/o Hajari Ram

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(3 of 6)

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[CW-8123/2012]

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Golu Ram S/o Hajari Ram

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Revta Ram S/o Sahi Ram

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All B/c Meghvanshi, r/o Narsinghpur, Tehsil Padampur, District Sri Ganganagar.

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Adu Ram S/o Sahi Ram, B/c Meghvanshi, r/o Nrisinghpur, Tehsil Padampur, District Sri Ganganagar.

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Smt. Pana Devi D/o Fattu Ram

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Smt. Geeta Devi D/o Fattu Ram

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All B/dc Meghvanshi R/o Nrisinghpur, Tehsil Padampur, District Sri Ganganagar.

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----Respondents

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For Petitioner(s)	: Mr. J.L. Purohit assisted by Mr. Sourabh Kant Vyas
For Respondent(s)	: Mr. Sushil Bishnoi
	Mr. Jitender Singh Bhaleria
	Mr. R.C. Joshi

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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12/10/2022

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The case comes up on an application preferred by the respondents for early hearing of the case.

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The same is not opposed by the counsel for the petitioner.

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For the reasons mentioned in the application the application for early hearing is allowed. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal today itself.

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Brief facts noted for disposal of the present writ petition are that the petitioner along with respondent Nos. 5 to 9 filed a suit under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 before the Sub Divisional Officer, Srikaranpur, (Camp-Padampur). Along with the suit, an application for temporary injunction was also filed. The Sub Divisional Officer, Srikaranpur, (Camp-

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(4 of 6)

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[CW-8123/2012]

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Padampur) allowed the application for temporary injunction and passed the interim order dated 29.07.2005. Against this order dated 29.07.2005, the respondent/defendant Nos. 1 to 3 preferred an appeal before the Revenue Appellate Authority and the Revenue Appellate Authority initially passed an interim order on 03.09.2005, whereby, the order dated 29.07.2005 was stayed, however, ultimately the appeal preferred by the respondent/ defendant was rejected vide order dated 03.05.2012. Being aggrieved, the respondents/defendants filed a revision petition against the order dated 03.05.2012 before the Board of Revenue and the Board of Revenue vide its order dated 20.07.2012 quashed and set aside the order passed by the Revenue Appellate Authority dated 03.05.2012. Hence this writ Petition.

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Learned Senior counsel submits that the order-sheets of the Board of Revenue produced on record clearly show that the petitioners were never issued notice of Revision Petition preferred by the respondent/defendant and without giving an opportunity of hearing to the petitioners straight away, the judgment dated 20.07.2012 was passed. Learned senior counsel submits that the proceedings conducted by the Board of Revenue are not only de hors the law, but are in gross violation of the principles of natural justice. The procedure adopted by the Board of Revenue is absolutely arbitrary and illegal. Since the judgment dated 20.07.2012 is having civil and evil consequences, thus, the same is required to be quashed and set aside. He, therefore, prays that the writ petition may be allowed and the order dated 20.07.2012 passed by the Board of Revenue may be quashed and set aside.

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Per contra, learned counsel for the respondents submits that although they supported the order dated 20.07.2012, but are

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(5 of 6)

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[CW-8123/2012]

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unable to show that the petitioners were ever issued notices and the order dated 20.07.2012 was passed after giving a reasonable opportunity of hearing to the petitioners. Learned counsel submit that one of the plaintiffs being non-petitioners No. 5/3 was duly represented. Although he is unable to show that all the persons who are party to the proceedings were issued notices and the notices were served upon them. He, therefore, submits that since the suit proceedings are still pending consideration before trial court and the interim order is operating in the writ petition, therefore, in the interest of justice, the learned trial court may be directed to decide the suit itself at an early date.

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I have considered the submission made at the Bar and gone through the relevant record of the case including the order impugned dated 20.07.2012 passed by the Board of Revenue, (Raj.) Ajmer.

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It is noted that as per the order-sheets produced before this Court of the revision petition decided by the Board of Revenue, the notices of the revision petition were never issued to the petitioners. Thus, it can be inferred that the Board of Revenue decided the revision petition preferred by the respondentdefendants without adhering to the procedure established, much less the fair procedure giving a reasonable opportunity of hearing to the petitioner and all concerned before deciding the case. Since, the counsel for the respondents are not in a position to show that service of notice was effected upon the petitioner, therefore, this court has no option but to rely upon the order-sheets produced before this court, wherein it is more than apparent that the petitioners were never issued notices and, therefore there was no

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(6 of 6)

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[CW-8123/2012]

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occasion for them to appear before the Board of Revenue in the revision petition preferred by the respondents/defendants.

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The procedure adopted by the Board of Revenue is absolutely inappropriate and the order passed is also in grossviolation of the principles of natural justice much less the same is in gross violation of the judicial discipline. The order dated 20.07.2012 is unsustainable in the eyes of law. The judgment dated 20.07.2012 is quashed and set aside.

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In view of the discussion made above, the writ petition is allowed. The judgment and order dated 20.07.2012 passed by the Board of Revenue is quashed and set aside. The learned trial court is directed to decide the pending suit itself at the earliest preferably within a period of one year from the date of receipt of certified copy of this order. Since the interim order is operating in the writ petition since 08.08.2012, status quo with respect to the subject piece of land shall be maintained by all the parties till the disposal of the suit.

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(VINIT KUMAR MATHUR),J

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6-nitin/-

Sahab Ram v. State of Raj. and Ors.

Case brief

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Sahab Ram v. State of Raj. and Ors.

Case brief

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