State vs Rajendra Kumar And Ors
2022 Latest Caselaw 13024 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11312/2016

State of Rajasthan

----Petitioners Versus

1. Rajendra Kumar S/o Shri Surendra Kumar by caste Arora

2. Sachin Kumar S/o Shri Surendra Kumar, by caste Arora Residents of Ward No.16, Shri Karanpur, District Sri Ganganagar.

3. The Board of Revenue for Rajasthan at Ajmer.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. L.K. Purohit, Government Counsel
For Respondent(s)         :     Mr. H.R. Chawla



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                                     Order

04/11/2022

This writ petition has been filed by the petitioner-State being

aggrieved with the judgment dated 05.02.2016 passed by the

Board of Revenue, Rajasthan, Ajmer (hereinafter to be referred as

'the BoR').

Brief facts of the case are that a small patch of 3.5. bighas of

land situated in Chak 49F of Murabba No.4 was allotted to one

Buta Singh on 14.12.1962. Shri Buta Singh sold the said land to

one Hardeep Singh vide registered sale deed dated 5.1.1963.

Later on in the year 1981, Hardeep Singh and others sold the said

3.5 bighas of land to one Jethuram on 23.06.1981. The

proceedings under Section 13A were initiated by the District

Collector, Sri Ganganagar and in those proceedings, 3.5 bighas of

land was regularized in favour of the private respondents vide

order dated 01.04.1997.

(2 of 2) [CW-11312/2016]

Later on, the District collector, Sri Ganganagar has reviewed

its order passed on 01.04.1997 and withdrew the same vide order

dated 31.01.2008.

Being aggrieved with the same, the respondents have

preferred revision petition before the BoR and the BoR while

taking into consideration the circular / order issued by the State

Government dated 22.01.2005 has observed that the District

Collector, Sri Gananagar has not committed any illegality in

regularizing 3.5 bighas of land in favour of the respondents vide

order dated 01.04.1997 and as per the circular / order dated

22.1.2005 issued by the State Government, there was no reason

with the District Collector to review its own order and cancel the

regularization order dated 1.4.1997.

Having heard learned counsel for the parties and having

gone through the order of the BoR as well as the circular / order

issued by the State on 22.01.2005, I do not find any case for

interference in this writ petition.

Hence, this writ petition is dismissed.

The stay petition is also dismissed.

(VIJAY BISHNOI),J 9-Babulal/-

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