State Of Raj vs Smt Gulzar
2022 Latest Caselaw 12083 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 416/2022

1. State Of Raj, Secretary Finance Department Government Of Rajasthan Jaipur

2. Inspector General, Registration And Stamps Department Government Of Rajasthan Ajmer

3. Sub Registrar, Registration And Stamps Department Jaisalmer

----Appellants Versus

1. Smt Gulzar W/o Anwar Ali, By Caste Muslim R/o Lunkaransar Teh. Lunkaransar Dist. Bikaner

2. Pradeep Kumar S/o Murlidhar, And Geeta Devi W/o Murlidhar ,vinod Kumar S/o Murlidhar By Caste Joshi Pradeep Kumar S/o Murlidhar R/o In Front Of Main Post Office Sikar

----Respondents

For Appellant(s) : Mr. Sandeep Shah, AAG, through VC assisted by Mr. Abhimanyu Singh Rathore For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

30/09/2022

This first appeal has been preferred by state of Rajasthan

against the judgment and decree dated 31.07.2019, whereby the

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

dismissed.

Learned Additional Advocate General appearing for the

appellants-State submits that the land under the sale deed is

situated nearby the border area. The sale deed in question has

been executed in contravention of the notification dated

(2 of 2) [CFA-416/2022]

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 any non-resident of that

area, without permission of the State Government. The sale deed

in question is illegal and contrary to the law.

In other identical first appeals also, this Court has 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 notice of the application under

Section 5 of the Limitation Act. Issue notice of first appeal as well

as stay application to the respondents. Rule is made returnable

within six 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

the suit property under the sale deed in question.

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

160/2021 and other connected appeals.

Learned counsel for the appellants is also directed to remove

the defects.

(MADAN GOPAL VYAS),J 79-Bharti/-

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