Budhaya Khan vs B.O.R. And Ors
2023 Latest Caselaw 7501 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 888/1998

Budhaye Khan son of Shri Basake Khan, by caste Musalman,
resident of Rasulsar, Tehsil Pugal, District Bikaner.
                                                                    ----Petitioner
                                      Versus
1. Board of Revenue Rajasthan, Ajmer.
2. Collector cum Deputy Commissioner, Colonisation, Bikaner.
3. Assistant Commissioner Colonisation, IGNP Chhattargarh,
District Bikaner.
4. State of Rajasthan through Tehsildar Colonisation, Pugal,
District Bikaner.
                                                                  ----Respondent


For Petitioner(s)           :    Mr. A.K. Singh.
For Respondent(s)           :    Mr. I.S. Pareek, A.G.C.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

20/09/2023

1.   The matter pertains to the year 1998, and thus, listed under

the category of "Oldest Cases for Early Disposal".

2.   The petition is directed against the order dated 11.11.1997

(Annexure-3) passed by the Board of Revenue, Rajasthan, Ajmer

whereby    reference       made         by      the     Deputy     Commissioner

(Colonisation), Bikaner in purported exercise of power conferred

under Section 232 of Rajasthan Tenancy Act, 1955 (Act of 1955)

vide dated 29.01.1997, for setting the order dated 13.07.1987

(Annexure-1)        passed       by       the         Assistant    Commissioner

(Colonisation) recording the names of petitioner as "Gair-Khatedar

(s)" in the revenue record, has been answered in favour of the

State.


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                                                                          (2 of 2)                          [CW-888/1998]



                                   3.   With the consent of the parties, the matter is heard at this

                                   stage.

                                   4.   Learned counsel appearing for both the parties contended

                                   that the controversy involved in the instant petition stands

                                   covered by the judgment rendered by the Division Bench of this

                                   Hon'ble Court in Ramzan Khan Vs. State of Rajasthan : D.B.

                                   Special      Appeal   (Writ)       No.789/2003,               wherein    after   due

                                   consideration of all the relevant aspects this court held that

                                   Deputy Commissioner (Colonisation) is not competent to take

                                   reference in exercise of powers conferred under section 232 of the

                                   Act of 1955.

                                   5.   The issue raised in the petition being squarely covered by

                                   decision in Ramzan Khan's case (supra) is not disputed by the

                                   counsel appearing for the respondent State.

                                   6.   Accordingly, in the light of the judgment rendered by the

                                   Division Bench of this Hon'ble Court in Ramzan Khan's case

                                   (supra), the writ petition is allowed. The order impugned dated

                                   11.11.1997 (Annexure-3) passed by the Board of Revenue, Ajmer

                                   in reference Case No.T.A./15/1997/Bikaner, is set aside. However,

                                   it is made clear that the competent authority shall not be

                                   precluded from making reference afresh in accordance with law.



                                                                 (DR. PUSHPENDRA SINGH BHATI), J.

5-Zeeshan

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