- (1.) INSTANT petition is directed against the order of the Board of Revenue dt.23/12/2006 holding that the present reference made at the behest of Collector cannot be accepted and liberty was granted to the Collector to examine the objections and make reference afresh thereafter, if there is any change in circumstances.
(2.) IT has come on record that reference was made by the District Collector vide order dt. 4/11/1995 regarding khasra no.1166 ad-measuring 2 bigha & 11 biswas on the premise that land belonging to scheduled caste has been transferred to a non-scheduled caste person and it was in violation of Sec.42 of Rajasthan Tenancy Act but after hearing the objector it revealed to the Board of Revenue that two separate certificate were placed on record and in one of which the tranferee was shown to be scheduled caste but in the second certificate he was shown to be of OBC and taking note of two conflicting certificates in regard of caste the Board of Revenue declined to express any opinion and considered it appropriate that in view of such conflicting certificates placed on record the reference made on the premise that instant transfer of land was hit by Sec.42 of the Act at this stage no opinion can be expressed but liberty was granted to the Collector to enquire into the matter and if any material comes forward he will be at liberty to make reference. Counsel submits that matter has been remitted to the Collector to reconsider/re-enquire into the matter vide order impugned but in fact it is the committee which the State Government has constituted for resolving such disputes if there is conflict regarding caste of the individual incumbent. It has also been informed that matter is sub-judice before the District Collector pursuant to the order of the Board of Revenue and no final decision has been taken by him so far. This Court does not find any manifest error being committed by the Board of Revenue under the order impugned since there are two conflicting caste certificates place on record but considers it appropriate to observe that the petitioner will be at liberty to file application before the District Collector for taking appropriate recourse admissible under law. With these directions/observations, the instant writ petition stands disposed of. ;