Maga Ram vs B.O.R.,Ajmer And Ors. ...
2023 Latest Caselaw 8589 Raj

[2023:RJ-JD:35324]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4315/2005

Maga Ram S/o. Dewa Ram, aged 56 years, R/o. Village Lavera Kallan, Tehsil Bhopalgarh, District Jodhpur.

----Petitioner Versus

1. Board of Revenue for Rajasthan, Ajmer.

2. Additional Collector, Jodhpur.

3. State of Rajasthan through : Tehsildar, Bhopalgarh, District Jodhpur.

4. Tejpuri Chella Ranchhodpuri, by caste Swami, R/o. Village Lavera Kallan, Tehsil Bhopalgarh, District Jodhpur.

                                                                      ----Respondent


For Petitioner(s)              :    Mr. CR Jakhar
For Respondent(s)              :    Mr. Rameshwar Hedau
                                    Mr. RD Bhadu



               HON'BLE DR. JUSTICE NUPUR BHATI

                                         Order

16/10/2023
1.    Learned        counsel       for   the    petitioner          submits   that   an

application IA No.01/22 has been preferred for disposal of the

writ petition in light of judgment dated 15.7.2015 passed by the

Full Bench in bunch of appeals led by D.B. Civil Special Appeal

No.185/2001 (Tara & Ors. Vs. State of Rajasthan & Anr.)

reported in 2015 WLN page 123.

2. Learned counsel for the respondent is not in a position to

refute that the controversy involved in the present writ petition is

squarely covered by the judgment passed by Full Bench in Tara

& Ors. Vs. State of Rajasthan & Anr. (supra).

[2023:RJ-JD:35324] (2 of 3) [CW-4315/2005]

3. Learned counsel for the petitioner also submits that the

present writ petition may be disposed off in light of the following

order passed by the Division Bench of this Hon'ble Court in Sukha

Ram & Ors. Vs. Board of Revenue & Ors. (D.B. Civil Special

Appeal (Writ) No.473/2002 on 02.05.2017. The relevant portion of

the order is reproduced hereunder :-

"1. Hearing in the appeal was being deferred to await decision by a Full Bench.

2. Learned Counsel for the appellant state that when the impugned orders were passed decision of the Full Bench of this Court dated July 15, 2015 had yet to be pronounced in a batch of Civil Special Appeals, lead matter being D.B. Civil Special Appeal No.185/2001 Tara & Ors. Vs. State of Rajasthan & Anr.

3. Learned counsel for the petitioner prays that the matter may be remanded to the Additional Collector / Collector, Pali for adjudication afresh keeping in view of the judgment of the Full Bench and the relevant facts existing when the Rajasthan Tenancy Act, 1955 was promulgated.

4. We dispose of the Civil Special Appeal declaring orders passed by the revenue authorities as also the learned Single Judge as void, requiring fresh adjudication by the Additional Collector / Collector, Pali. In view of the decision of the Full Bench."

4. In view of the above, the present petition is also disposed off

declaring the order dated 23.3.2005 (Annex.7) passed by the

Board of Revenue, Ajmer and the order dated 05.3.2001

(Annex.6) passed by the Additional Collector (First), Jodhpur as

void, requiring fresh adjudication by the Additional Collector/

Collector or the competent authority in view of the decision of the

Full Bench in Tara's Case (supra).

[2023:RJ-JD:35324] (3 of 3) [CW-4315/2005]

5. Stay application as well as all pending applications, if any,

stands disposed off.

(DR. NUPUR BHATI),J 10-Sanjay/-

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