GULAM RASUL & ORS. Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2014-1-401
HIGH COURT OF RAJASTHAN
Decided on January 03,2014

Gulam Rasul And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

GOPAL KRISHAN VYAS,J. - (1.) Instant writ petition has been filed by the petitioners to challenge order Annex.-4 dated 26.7.1994 whereby the Deputy Commissioner (Colonization), Bikaner made reference for the land in question under Section 232 of the Rajasthan Tenancy Act to the Board of Revenue, Ajmer, so also, order dated 11.12.2003 passed by the District Collector-cum-Commissioner (Colonization), Bikaner and judgment dated 19.5.2007 whereby reference made under Section 232 of the Rajasthan Tenancy Act, 1955 by the District Collector-cum-Deputy commissioner (Colonization), Bikaner was accepted and order dated 22.5.1979 passed by the Assistant Commissioner (Colonization), Kolayat was set aside.
(2.) As per facts of the case, father of the petitioners late Hazi Meve Khan moved an application for correction of the revenue record before the Assistant Colonization Commissioner, Kolayat for the land situated in village Aagnew. The Assistant Colonization Commissioner, Kolayat by its order dated 22.5.1979 accepted the application for correction of. the record made by late Hazi Meve Khan and, against that, State of Rajasthan filed an appeal before the Revenue Appellate. Authority and that appeal was dismissed vide order dated 31.12.1985.
(3.) In the year 1988, the State of Rajasthan filed an application before the Deputy Commissioner (Colonization), Bikaner for making reference to the Board of Revenue against order dated 22.5.1979. The District Collector-cum-Deputy Commissioner (Colonization), Bikaner passed an order on 26.7.1994 whereby the reference was made against the judgment dated 22.5.1979 whereby correction application filed by late Hazi Meve Khan was accepted and Board of Revenue, Ajmer by its order dated 16.4.1998 remitted the matter while giving a note of observation to the District Collector to make reference in accordance with rules in view of the fact that objection was raised by the petitioners that the Revenue Appellate Authority has maintained the order dated 22.5.1979.;


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