State Of Rajasthan vs Smt. Dharmi (2025:Rj-Jd:2754)
2025 Latest Caselaw 4579 Raj

Citation : 2025 Latest Caselaw 4579 Raj
Judgement Date : 15 January, 2025

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Smt. Dharmi (2025:Rj-Jd:2754) on 15 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

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         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR
                    S.B. Civil Writ Petition No. 558/2025

State Of Rajasthan, Through The Tehsildar, Tehsil Bali, District
Pali.
                                                                       ----Petitioner
                                       Versus
1.        Smt. Dharmi W/o Babu Lal, B/c Rewari, R/o Rebariyon Ka
          Bas, Khudala Tehsil Bali, District Pali.
2.        Babu Lal S/o Veera Ji, by caste Rewari, R/o Rebariyon Ka
          Bas, Khudala Tehsil Bali, District Pali.
3.        Devendra Singh S/o Shri Himmat Singh, b/c Rajput.
4.        Jaiveer Singh S/o Shri Himmat Singh, B/c Rajput.
5.        Rajendra Singh S/o Shri Himmat Singh, b/c Rajput.
          Respondents No.2 to 4 residents of Khundala, Tehsil Bali.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Deepak Suthar for Mr.
                                   S.S.Ladrecha, AAG
For Respondent(s)            :     Mr. Ankur Mathur.



          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/01/2025

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in the present writ petition is squarely

covered by a judgment rendered by this Court in S.B. Civil Writ

Petition No.17987/2024 (State of Rajasthan Vs. Nishan

Singh & Ors.), decided on 10.01.2025 in the following terms:-

"7. The only prayer in the present writ petition is for quashing of the orders passed by the Board of Revenue, Ajmer dated 05.12.2012 & 17.09.2013. On the face of the record, the writ petition has been filed after a gross and

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palpable delay of about 12 years. A bare perusal of the pleadings clearly shows that no reason has been assigned in the present writ petition for approaching this Court after a delay of about 12 years. In the absence of any explanation much less the satisfactory explanation for delay in approaching the Court, this Court is not inclined to entertain the present writ petition after a delay of about 12 years.

8. This Court further takes note of the fact that the respondents herein preferred the writ petition before this Court being S.B. Civil Writ Petition No.9473/2024 which has been disposed of by this Court vide order dated 06.08.2024 in the presence of the Government Counsel, who has preferred this writ petition before this Court. The order passed by this Court on 06.08.2024 reads as follows : -

"1. The petitioners have approached this Court with a grievance that despite of the fact that an order favourable to the petitioner was passed by the Board of Revenue way back on 05.12.2012 and order dated 04.07.2016 passed in contempt petition filed by the petitioners and directions were issued by the Additional Collector, Ceiling, Pali on 09.10.2020, the revenue authorities are not recording petitioners' name in the revenue record.

2. A direction has been sought to the revenue authorities to comply with the above referred orders, more particularly, the order dated 05.12.2012 passed by the Board of Revenue, Ajmer.

3. Mr. S. S. Ladrecha, learned Additional Advocate General submitted that the land involved in the present case so also the other adjoining land comprises of a big chunk of land approximately 1200 bighas and the various proceedings under the Ceiling Act have been undertaken by the State Authorities due towhich, the order of the Board of Revenue has not been complied with.

4. Be that as it may. Since the Board of Revenue has finally determined petitioners' rights by way of order dated 05.12.2012, the respondent No.2 - Tehsildar is directed to carry out requisite mutation entry/and correct the revenue record in tendum with the order of the Board of Revenue dated 05.12.2012.

5. The requisite order with regard to correcting the revenue entries in petitioners' case be passed within a period of six weeks from today.

6. The present writ petition so also the stay petition stand disposed of accordingly."

9. Since the co-ordinate Bench of this Court has already directed the State Government to implement the orders passed by the Board of Revenue, therefore, any order being passed contrary to the same will be virtually overriding and nullifying the order passed by the Co-ordinate Bench on

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06.08.2024, wherein, the subject matter was the same orders of the Board of Revenue.

10. Learned Additional Advocate General very fairly submits that neither any recalling application nor any appeal against the order dated 06.08.2024 has been filed.

11. In view of the discussion made above, this Court is not inclined to entertain the present writ petition and therefore, the same is dismissed.

12. The stay petition as well as other misc. applications, if any, stand disposed of accordingly."

In view of the submissions made before this Court, the

present writ petition is disposed of in terms of the judgment

rendered by this Court in the case of Nishan Singh (supra).

(VINIT KUMAR MATHUR),J 152-AnilSingh/-