Dhanpat vs State And Anr
2021 Latest Caselaw 11110 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3449/2001

Dhanpat S/o Lumba Ram aged about 45 years, by caste Bishnoi, R/o Village Godu, Teh. Kolayat, Distt. Bikaner.

----Petitioner Versus

1. State of Rajsthan through Colonization Tehsildar Kolayat No.2, headquarter Bajju, Distt. Bikaner.

2. The Board of Revenue for Rajasthan at Ajmer through its Registrar.

                                                                  ----Respondents


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 09.05.2001

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 24.09.96, for setting the order dated 31.03.83 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 31.03.83 has

been set aside.

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

stage.

(2 of 2) [CW-3449/2001]

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 counsel

appearing 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. The

order impugned dated 09.05.2001 passed by the Board of

Revenue, Ajmer in Reference Case No.20/96 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

74-Arun/-

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