The State Of Rajasthan Through ... vs Roshni
2021 Latest Caselaw 17841 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 393/2020

1. The State Of Rajasthan Through Secretary, Finance Department, Government Of Rajasthan, Jaipur

2. Inspector General, Stamp And Registration Department, Goverment Of Rajasthan, Ajmer (Raj.)

3. Sub-Registrar, Stamps And Registration Department, Pokhran, Jaisalmer.

----Appellants Versus

1. Roshni W/o Harful, B/c Bishnoi, R/o Bajju, Tehsil Kolayat And District Bikaner.

2. Kanaram S/o Dhannaram, B/c Kumar, R/o Pokhran, Tehsil Pokhran, District Jaisalmer.

                                                                ----Respondents


For Appellant(s)         :     Mr. Sandeep Shah, AAG
For Respondent(s)        :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

26/11/2021

This first appeal has been preferred by state of Rajasthan

against the judgment and decree dated 29.11.2018, whereby, the

civil suit filed for cancellation of sale deed in question has been

dismissed.

Learned counsel for the appellants has submitted that the

land under the sale deed situated nearby to the border area and

sale deed has been executed in contravention to the notification

dated 12.03.1996 notified by the Central Government under

Section 3(1) of the Criminal Procedure (Amendment) Act, 1961.

The sale of land of that area, is not permissible to transfer to any

(2 of 2) [CFA-393/2020]

outsider who is not resident of that area, without permission of

the State Government, therefore, the sale deed in question is

illegal and contrary to the law.

In other first appeals of the State Government, this Court

has also issued notices on the application under Section 5 of the

Limitation Act as also of the appeal and passed the interim orders.

In view of the above, issue notices of the application under

Section 5 of the Limitation Act as well as of first appeal to the

respondents. Rule is made returnable within four weeks. Record of

the trial court be called for.

In the meanwhile and till further orders, status quo, as it

exists today, shall be maintained by both the parties in relation to

properties under the sale deed in question.

List along with S.B. Civil First Appeal Nos.278/2021 and

160/2021 and other connected appeals.

Learned counsel for the appellants is also directed to remove

the defects.

(SUDESH BANSAL),J

23-Taruna/-

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