TARA S/O. DOONGRA DARJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the judgment dated 7.2.2001 passed by learned Single Bench in S.B. Civil Writ Petition No.4232/1999, this appeal is preferred.

(2.) By the judgment impugned, the learned Single Bench accepted the writ petition preferred by the State of Rajasthan questioning correctness of the judgments dated 27.12.1997 and 2.7.1998 passed by the Board of Revenue, Rajasthan, Ajmer.

(3.) The argument advanced by learned counsel for the appellant is that the land in question was 'Jagir' land and that was resumed by the State as per provisions of the Jagir Resumption Act. Compensation was also awarded in favour of Math Shri Garibnath Ji. After resumption, the land was shown as Government Land in revenue records and the petitioner's predecessors were shown as tenant. Taking into consideration all these facts, the Board of Revenue arrived at the conclusion that the land is not owned by Deity but by the tenant. The learned Single Bench as per learned counsel of the appellant without affording any opportunity to the appellant accepted the writ petition. It is asserted that the writ petition was listed before the Court on 7.2.2001 and on that day counsel appearing on behalf of the appellant respondent tenant sought time to file reply to the writ petition but the Court decided the matter on merits by examining the judgments passed by the Board of Revenue. According to learned counsel if an opportunity would have been given, the petitioner would have established the fact that the land in question is not a Deity land. Certain documents in support of this fact have been filed by the appellant as per provisions of Order 41, Rule 27 Code of Civil Procedure.