Bije Singh vs State And Ors
2021 Latest Caselaw 11113 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7650/2007

Bije Singh S/o Shri Hem Singh by caste Rajput, age about 80 years, R/o Village Bhaluri, Colonization Tehsil Kolayat No.1, Distt. Bikaner.

----Petitioner Versus

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

2. The Deputy Colonization Commissioner, Bikaner.

3. Shri Kuldeep Sharma, Member, Board of Revenue, Ajmer.

                                                                  ----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 11.10.07

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 23.06.99, for setting the order dated 19.06.82 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.

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

stage.

Learned counsel appearing for the petitioners contended that

the controversy involved in the instant petition stands covered by

(2 of 2) [CW-7650/2007]

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 11.10.07 passed by the Board of Revenue,

Ajmer in Reference Case No.1113/2001 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

77-Arun/-

Powered by TCPDF (www.tcpdf.org)