Ram Singh vs State Of Raj. And Ors
2021 Latest Caselaw 10264 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 602/1999

Ram Singh S/o Raju Singh by caste Rajput R/o Sadolai. Teh. Kolayat, Distt, Bikaner

----Petitioner Versus

1. State of Rajasthan through Colonisation Tehsildar Kolayat.

2. The Assistant Colonisation Commissioner

3. The Deputy Colonisation Commissioner, Bikaner

4. The Board of Revenue for Rajasthan, Ajmer.

----Respondent

For Petitioner(s) : Mr. Varun Goyal For Respondent(s) : Mr. DK Joshi, AGC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/07/2021

This petition is directed against the order dated 10.09.1998

passed by the Board of Revenue, Rajasthan, Ajmer whereby

reference made by the Deputy Commissioner

(Colonisation),Bikaner, in purported exercise of power conferred

under Section 232 of the Rajasthan Tenancy Act, 1955 (Act of

1955) vide order dated 29.06.1998, for setting the order dated

16.06.84 passed by the Assistant Commissioner (Colonisation)

recording the names of petitioners as "Gair-Khatedar(s)" in the

revenue record, has been answered in favour of State, and the

order dated 16.06.84 has been set aside.

With the consent of the parties, the matter is heard at this

stage.

(2 of 2) [CW-602/1999]

Learned counsel appearing for the petitioners contended that

the controversy involved in the instant petition stands covered by

Bench decision of this Court in DBSAW No.789/2003-

RamzanKhan Vs. State of Rajasthan, wherein after due

consideration of all the relevant aspects this Court held that

Deputy Commissioner(Colonisation) is not competent to make

reference in exercise of powers conferred under Section 232 of the

Act of 1955.

The issue raised in the petition being squarely covered by

decision in Ramzan Khna's case is not disputed by the

counselappearing for the respondent-State.

Accordingly, in the light of Bench decision of this Court in

Ramzan Khan's case (supra), the writ petition is allowed.

Theorder impugned dated 10.09.1998 passed by the

Board of Revenue, Ajmer in Reference Case No.63/98 R.T.

Act/Bikaner, is set aside. However, it is made clear that the

competent authority shall not be precluded from making reference

afresh in accordance with law.

(VIJAY BISHNOI),J

Surabhii/45-

Powered by TCPDF (www.tcpdf.org)