Dismissed

Mohan Lal Sain v. Board of Revenue Ajmer and Ors.

Rajasthan HC18 Sept 2024CW/100/2004

Case brief

AI extract

What is this about?

Members of a cooperative society sought writ interference against cancellation of a 1959 allotment of agricultural land to their society. The court noted the cancellation order had been upheld by the Division Bench and attained finality, and dismissed all three connected petitions by common order.

What did the court decide?

None; all three connected writ petitions dismissed.

Mohan Lal Sain Vs Board of Revenue Ajmer and Ors. — Cooperative Societies | Rajasthan HC (2024)

¶1

[2024:RJ-JP:39502]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 101/2004

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Babu Lal Sain Son of Late Shri Gyarsi Lal Sain, aged about 50 years, resident of village Bagru Kalan, Tehsil Sanganer, District Jaipur.

¶5

Gopal Lal Sain son of Late Shri Gyarsi Lal Sain, aged about 45 years, resident of Village Bagru Kalan, Tehsil Sanganer, District Jaipur.

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----Petitioners

¶7

Versus

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Board Of Revenue for Rajasthan, Ajmer.

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Revenue Appellate Authority, Jaipur.

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Additional Collector (1st), Jaipur.

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Tehsildar Sanganer, District Jaipur.

¶12

Jaipur Development Authority, Jaipur.

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Krishi Sahakari Samiti Anya Jati, Bagru Kalan, through is Secretary Sitaram Jhalani S/o Onkarmal, resident of Bagru Kalan, Tehsil Sanganer, District Jaipur.

¶14

----Respondents

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Connected With

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S.B. Civil Writ Petition No. 100/2004

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Mohanlal Sain S/o Late Shri Chouthmal Sain Since Deceased Through His Legal Heirs-

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----Petitioner

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Board of Revenue for Rajasthan, Ajmer.

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Revenue Appellate Authority, Jaipur.

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Additional Collector (Ist) Jaipur.

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Tehsildar, Sanganer, District Jaipur.

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Jaipur Development Authority, Jaipur.

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Krishi Sahakari Samiti Anya Jati, Bagru Kalan through its Secretary Sitaram Jhalani S/o Onkarmal resident of Bagru Kalan, Tehsil Sanganer District Jaipur.

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----Respondents

¶26

Connected with

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S.B. Civil Writ Petition No. 6655/2003

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Smt. Dhapu wife of Late Shri Gheesa son of Nanag Ram.

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Nortan

[2024:RJ-JP:39502]

[CW-101/2004]

(2 of 4)

Sua Lal

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Gopal

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Jagdish (Since deceased) through his legal representatives:-

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5/1. Smt. Pappu Devi

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5/2. Puran Mal aged 15 years

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5/3. Mahesh aged 13 years

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5/4. Dinesh aged 11 years

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No.5/2 to 5/4 through their mother and natural guardian No.5/1.

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No.2 to 5 are all sons of late Shri Gheesa son of Nanag Ram.

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All residents of village Bagru Kalan, Tehsil Sanganer, District Jaipur.

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----Petitioners

¶44

Versus

¶45

Board of Revenue for Rajasthan, Ajmer.

¶46

Revenue Appellate Authority, Jaipur.

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Additional Collector (First), Jaipur.

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Tehsildar, Sanganer, District Jaipur.

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Jaipur Development Authority, Jaipur.

¶50

Krishi Sahkari Samiti Anya Jati Bagru Kalan, through its Secretary Sitaram Jhalani son of Shri Onkarmal, resident of Bagru Kalan, Tehsil Sanganer, District Jaipur.

¶51

----Respondents

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For Petitioner(s) : Mr. Amit Jindal Ms. Neetu Bhansali For Respondent(s) : Mr. Neeraj Batra, GC Mr. Amit Kuri with Mr. Harshvardhan Shekhawat & Ms. Nandini Mirdha

¶53

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Judgment

18/09/2024

[2024:RJ-JP:39502]

[CW-101/2004]

(3 of 4)

These petitions are decided by common order as facts and issues involved are similar. For the sake of convenience, the facts are being taken from S.B. CWP No.101/2004.

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The brief facts are that the petitioners are the members of the Krishi Sahkari Samiti Anya Jati (hereinafter referred to as "Society") of village Bagru Kalan Tehsil Sanganer. On 08.07.1959, agricultural land measuring 319 bighas 5 biswas situated at village Bagru Kalan was allotted in favour of the Society under the Land Revenue (Allotment of Land to Cooperative Societies) Rules, 1959. The society handed over possession of land to the members. On an enquiry held by Commission headed by Retired Chief Justice, cancellation of the allotment of the land in favour of the Cooperative Society on account of violation of the terms and conditions was recommended. Cancellation order was passed by the Additional Collector-Ist, Jaipur dated 16.05.1997. The appeal preferred by society was dismissed on 24.11.1997. The second appeal before the Board of Revenue had similar fate. The order of the Board of Revenue dated 25.09.2002 was assailed by the Society by filing of SBCWP No.302 of 2007. The writ petition was dismissed on 09.02.2007. The DB Special Appeal Writ No.545 of 2007 titled as Krishi Sahakari Samiti Anya Jati Versus Board of Revenue for Rajasthan, Ajmer & Ors. was dismissed on 02.11.2017.

¶61

Learned counsel for the petitioners submits that the petitioners are the members of the society and have been affected by the cancellation of the allotment of the land to the society. The contention is that there was no violation of terms and conditions

(4 of 4)

[2024:RJ-JP:39502]

[CW-101/2004]

and the respondent erred in cancelling the allotment after more than thirty years.

¶66

Learned counsel for the respondents submits that the allotment was made to the Society for a specific purpose. On an enquiry held it was found that the terms and conditions of allotment were violated. The submission is that cancellation of the allotment was upheld by Division Bench of High Court. The issue of cancellation of allotment of land has attained finality.

¶67

It is undisputed fact that the land was allotted to the society and the cancellation order was passed against the society. The remedies against the cancellation of the allotment of land were availed by the society. The cancellation order was upheld by the Division Bench of this Court. There is nothing produce before this Court that order of the Division Bench was challenged further.

¶68

The grievance in the present petitions is to the cancellation order dated 16.05.1997, cancelling the allotment of land to the Society. The order has been upheld by Division Bench of this Court in D.B. Special Appeal Writ No.545 of 2007 and has attained finality, in such circumstances, no interference is called for.

¶69

The petitions are dismissed accordingly.

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(AVNEESH JHINGAN),J

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Chandan/8-9/S-1

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Reportable: Yes

Mohan Lal Sain v. Board of Revenue Ajmer and Ors.

Case brief

What is this about?

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Mohan Lal Sain v. Board of Revenue Ajmer and Ors.

Case brief

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What did the court decide?

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