MUKESH KUMAR Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2014-11-146
HIGH COURT OF RAJASTHAN
Decided on November 17,2014

MUKESH KUMAR Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) THE matter comes up on an application filed by the respondents No. 4 & 5 seeking vacation of the interim order dt. 17.10.2014 passed by a Co -ordinate Bench of this Court, whereby it was directed that the status quo with regard to the disputed land be maintained. With the consent of the parties and looking to the nature of the dispute involved, the writ petition itself is taken up for hearing.
(2.) THE petitioner filed an appeal under Sec. 75 of the Rajasthan Land Revenue Act, 1956 ('the Act') before the Collector, Bhilwara inter -alia questioning the partition map (tarmim) said to have been executed on 11.6.1989 in pursuance to the partition affected between the then khatedars of land comprised in Khasara No. 1051. The land had been transferred to the petitioner as well as respondents No. 4 & 5. The Collector by order dt. 31.12.2012 (Annex.13), after noticing the contentions raised by the petitioner herein, indicated that the khatedars of the disputed land who are affected parties have not been impleaded, and the appeal has been filed based on the sale deeds, which have not been given effect to in the revenue records and consequently, dismissed the appeal after condoning the delay.
(3.) FEELING aggrieved, the petitioner approached the Board of Revenue in its revisional jurisdiction. The Board of Revenue by its order dt. 27.06.2013, after noticing the contention of the parties and the order passed by the Collector observed that the order does not appear to be against the law and dismissed the revision petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.