Rajasthan High Court - Jodhpur
Smt. Ramu And Ors vs Board Of Revenue Rajasthan,Ajmer ... on 3 February, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CW-776/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 776/2018
1. Smt. Ramu W/o Mangilal
2. Pukhraj S/o Mangilal
3. Kheta Ram S/o Mangilal
4. Tara Ram S/o Mangilal
5. Magha Ram S/o Mangilal
6. Jagdish S/o Mangilal
7. Devi D/o Mangilal
8. Pawani D/o Mangilal
9. Manju D/o Mangilal, All By Caste Mali, R/o Jalore,
Rajendra Nagar, Jalore.
----Petitioners
Versus
1. Board Of Revenue For Rajasthan, Ajmer.
2. Revenue Appellate Authority, Pali, Campat Jalore.
3. Sub Divisional Officer, Jalore.
4. State Of Rajasthan Through Tehsildar, Jalore.
----Respondents
For Petitioner(s) : Mr. Girish Sankhla (on VC)
For Respondent(s) : Mr. R.D. Bhadu, Dy.GC (on VC)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, lawyers have been advised to
refrain from coming to the Courts.
The petitioners have preferred this writ petition claiming the
following reliefs:-
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"It is, therefore, prayed that the record of the case may
kindly be called for and after examining the same this
Hon'ble Court by an appropriate writ, order or direction
quash and set aside the Judgment/Decree dated 31.08.2001
(Annex.7), 30.01.2003 (Annex.9) & 29.11.2013 (Annex.11)
& 30.10.2017 (Annex.13) by the Sub Divisional Officer,
Revenue Appellate Authority and Board of Revenue, Ajmer
respectively and petitioners be allowed to enter their
khatedari rights."
Mr. Girish Sankhla, learned counsel for the petitioner makes
a limited submission that it is an admitted position that after
settlement, new Khasra no. 798 was constituted from old Khasra
No.1043/1, and thereafter, the name of the petitioners was not
continued after settlement.
Learned counsel for the petitioners has shown the
submission on the strength of paragraph 5 of the reply. Learned
counsel has further shown the statement made by the concerned
Tehsildar as DW-2 in the proceedings, which is on page 86 of the
pleadings, in which, the concerned Tehsildar has deposed that the
khasra in question was not 'gochar' upto 2015.
The learned authorities below have failed to apply their mind
as to what would be the consequence of the land having not been
'gochar' prior 2015 and also whether if the same is not 'gochar',
then whether the impugned orders could be sustained.
The learned authorities below ought to have seen the record
and passed a reasoned order before arriving at a conclusion that
the land in question is 'gochar' land, and thus, no one is entitled
for having any rights.
This Court is of the firm opinion that no right can be claimed
by any individual on the 'gochar' land but here is the case where
the nature of the land itself is doubtful and the revenue authority
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(3 of 3) [CW-776/2018]
as senior as Tehsildar has deposed it on the official record that the
land in question was not 'gochar' up to 2015 and the authorities
have failed to consider the same.
Counsel for the respondents opposes but is unable to refute
the aforesaid factual matrix.
In light of the aforesaid observations, the writ present writ
petition is allowed. The judgment/decree dated 31.08.2001,
30.01.2003, 29.11.2013 & 30.10.2017 are quashed and set aside
and the matter is remanded back to the Sub Divisional Officer
concerned to pass fresh orders expeditiously, while providing
opportunity of hearing to the petitioners, strictly in accordance
with law. The authority concerned shall keep into consideration the
facts brought on record by DW-2 Tehsildar concerned at that time,
before passing any order.
The status-quo, as it exists today, shall be maintained by the
parties until a decision is arrived at by the competent authority.
Stay petition as well as all pending applications stand
disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
104-Zeeshan/Nirmala
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