Lrs Of Kalyan Singh vs B.O.R.And Ors (2023:Rj-Jd:43568)
2023 Latest Caselaw 10643 Raj

Rajasthan High Court - Jodhpur

Lrs Of Kalyan Singh vs B.O.R.And Ors (2023:Rj-Jd:43568) on 13 December, 2023

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2023:RJ-JD:43568]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 3987/2003

Legal Representative of
1. Kalyan Singh S/o Shri Jeevraj Singh
2. Mohan Kanwar Wife of Kalyan Singh
    Both deceased through their legal representatives
1.1 Sher Singh S/o Panne Singh aged 70 years,
1.2 Shiv Singh S/o Mool Singh aged 50 years,
1.3 Narpat Singh S/o Indra Singh aged 62 years,
1.4 Shaitan Singh S/o Devi Singh aged 45 years,
1.5 Narain Singh S/o Gheesu Singh aged 40 years,
1.6 Moti Singh S/o Sajjan Singh aged 42 years,
1.7 Takhat Singh S/o Nathu Singh aged 60 years,
1.8 Bhairon Singh S/o Sawai Singh aged 60 years,
1.9 Jalam Singh S/o Panne Singh aged 75 years,
     All residents of Jadan Tehsil Marwar Junction District Pali.
                                                                   ----Petitioners
                                    Versus
1. Board of Revenue for Rajasthan at Ajmer.
2. Additional Collector, (Ceiling) Pali
3. State of Rajasthan through Tehsildar, Marwar Junction
4. Bhanwar Lal S/o Shri Panna Lal Ji B/c Sirvi, R/o Jadan Tehsil
Marwar Junction, District Pali
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Varda Ram Choudhary
For Respondent(s)         :     Mr. Ram Dayal
                                Mr. Sudhir Sharma



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/12/2023

Heard learned counsel for the parties.

The present writ petition has been filed against the order

dated 20.10.1999 (Annex.7) passed by Additional Collector

[2023:RJ-JD:43568] (2 of 2) [CW-3987/2003]

(Ceiling), Pali as well as the order dated 22.05.2003 (Annex.8)

passed by Board of Revenue, Rajasthan, Ajmer.

Learned counsel for the respondents submits that the

controversy involved in the present case is squarely covered by a

judgment of the coordinate Bench rendered in Badrilal & Ors.

vs. State of Rajasthan & Ors. reported in 1992 (2) WLC

(Rajasthan) 256 as well as by the judgment rendered in

Ifhtekar Ali vs. State & Ors. reported in 1992 (2) WLC

(Raj.) 265.

Learned counsel for the petitioner submits that as per the

registered sale deed produced by the private respondent, he is not

in a position to dispute the factum of sale. He is also not in a

position to refute the submission made by the learned counsel for

the private respondent that the controversy involved in the

present case is not covered by the judgments referred

hereinabove.

In view of the submissions made before this Court, no

interference is warranted in the order dated 20.10.1999 (Annex.7)

passed by Additional Collector (Ceiling), Pali as well as the order

dated 22.05.2003 (Annex.8) passed by Board of Revenue,

Rajasthan, Ajmer. The writ petition lacks merit and the same is,

therefore, dismissed.

(VINIT KUMAR MATHUR),J 23-chhavi/-

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