Pabu Dan Alias Prabhu Dan vs The Board Of Revenue For ...
2022 Latest Caselaw 7847 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Writ Petition No. 9497/2018

Pabu Dan Alias Prabhu Dan S/o Shri Rawat Ram, Aged About 81 Years, B/c Caste Kumhar, R/o Ward No 18, Suratgarh , Tehsil Suratgarh, District Sri Ganganagar (Raj.).

----Petitioner Versus

1. The Board Of Revenue For Rajasthan, Ajmer, At Ajmer

2. The Additional District Collector, Suratgarh

3. The Tehsildar (Land Records ), Suratgarh

4. The State Of Rajasthan, Through The District Collector, Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Dron Kaushik.

For Respondent(s) : Mr. Ramdayal Choudhary, AGC.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/05/2022

Though, the matter is listed in 'orders' category, however,

with the consent of learned counsel for the parties, the same is

being heard and decided finally today itself.

The present writ petition has been filed for the following

reliefs:

"1. By an appropriate writ, order or direction, the impugned orders dated 15.04.2006 (Annex.3) passed by the Tehsildar (Land Records), Suratgarh, judgment dated 6.1.2007 (Annex.6) passed by the Additional District Collector, Suratgarh, orders dated 19.01.2007 (Annex.7) and 25.04.2018 (Annex.10) respectively passed by the Board of Revenue, Ajmer may kindly be declared illegal and may be quashed and set aside.

2. By an appropriate writ, order or direction, the uncommand land measuring 3.795 hectares (15 Bighas) comprising in Khasra No.355/6 and 2.530/2 hectares (10 Bigha) in Khasra No.329/2, total Rakba measuring 6.325 hectares (25 Bighas) of land situated

(2 of 3) [CW-9497/2018]

at Rohi, Suratgarh has been allotted to the petitioner on the basis of T.C. allotment under the conditions of 1955 may kindly be ordered to be renewed on yearly basis.

3. Any other appropriate writ, order or direction, which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.

4. Costs of this writ petition may kindly be awarded in favour of the petitioner".

The counsel for the petitioner submits that the petitioner is

in temporary cultivatory possession over the agricultural land in

question since 1961. The counsel submits that the Tehsildar,

Suratgarh (respondent No.3) issued a notice to the petitioner on

10.04.2006 for cancellation of his temporary cultivatory allotment

over the land in question. Ultimately, temporary cultivatory

allotment of the petitioner was canceled by the Tehsildar (Land

Records), Suratgarh on 15.04.2006. The order dated 15.04.2006

was challenged by the petitioner before the District Collector, Sri

Ganganagar and thereafter, before learned Board of Revenue,

Ajmer by way of filing a revision petition.

The counsel for the parties are in agreement that the

Tehsildar (Revenue), Suratgarh had no authority to proceed

against the petitioner and the competent authority is District

Collector who is vested with the jurisdiction to take appropriate

proceedings for cancellation of the temporary cultivatory allotment

of the petitioner.

In the circumstances, in view of the statement made by the

counsel for the parties, the writ petition is allowed and the order

dated 15.04.2006 (Annex.3) passed by Tehsildar (Land Records),

Suratgarh, judgment dated 06.01.2007 (Annex.6) passed by

Additional District Collector, Suratgarh and order dated

25.04.2008 (Annex.10) passed by learned Board of Revenue,

(3 of 3) [CW-9497/2018]

Ajmer are quashed and set aside. The matter is remanded back to

the District Collector, Sri Ganganagar for taking appropriate

proceedings against the petitioner in accordance with law and

decide his case after giving opportunity of hearing to the

petitioner.

In view of disposal of the writ petition, all pending

application (s), if any, also stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 151-AnilSingh/-

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