Dunger Singh vs State Of Raj. And Ors
2021 Latest Caselaw 11109 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 389/2000

Dunger Singh S/o Bhikh Singh by caste Rajpur R/o vill. Gokul colonisation Teh. Kolyat No.1, District- Bikaner.

----Petitioner Versus

1. State of Rajasthan through Colonisation Tehsildar, Kolayat No.1.

2. The Astt. Colonisation Commissioner, Kolayat No.1.

3. The Dy. Colonisation Commissioner, Bikaner

4. The Board of Revenue for Rajasthan.

                                                                  ----Respondent


For Petitioner(s)          :     Mr. Varun Goyal
For Respondent(s)          :     Mr. D.K. Joshi



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

19/07/2021

This petition is directed against the order dated 22.06.99

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 29.09.97, for setting the order dated 01.09.86 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 01.09.86 has

been set aside.

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

stage.

(2 of 2) [CW-389/2000]

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 22.06.99 passed by the Board of

Revenue, Ajmer in Reference Case No.54/97 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

73-Arun/-

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