State Of Rajasthan vs Smt Bhateri
2022 Latest Caselaw 12084 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 387/2022

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

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

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

----Appellants Versus

1. Smt. Bhateri W/o Shri Vidhadhar, By Caste Jat R/o Rabudi Tehsil Rajgarh District Churu

2. Shri Harphularam S/o Shri Nihalaram, By Caste Jat R/o Noragpura Tehsil Rajgarh District Churu

----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 26.08.2019, whereby the

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

dismissed.

Learned Addl. Adv. 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 12.03.1996 notified by the

Central Government under Section 3(1) of the Criminal Procedure

(2 of 2) [CFA-387/2022]

(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 73-nidhi/-

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