JUDGEMENT
Arun Bhansali, J. -
(1.) THIS writ petition is directed against the judgment dt. 8.2.2013 passed by the Board of Revenue, whereby the application filed by the petitioner under Sec. 9 of the Rajasthan Land Revenue Act, 1956 ('the Act of 1956') read with Section 221 of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') requesting the Court to instruct the Tehsildar to record the mutation in compliance of the registered sale deed dt. 13.3.2006 in favour of petitioner No. 2 Smt. Chetna Devi, has been rejected. The record of the writ petition indicates a chequered history of the proceedings taken from time to time by various parties and even the fact as to whether the land, which presently stands in the name of Tara Singh S/o. Nand Singh in the revenue record, belongs/belonged to the petitioner No. 1 resident of Chak 10A, Tehsil Anoopgarh, District Sriganganagar or applicant in IA No. 124/2014 resident of Village Katbhara, Tehsil Moremandi, District Bhatinda (Punjab) i.e., who is the real Tara Singh and/or who amongst them was seeking to impersonate.
(2.) HOWEVER , the sum and substance of the entire proceedings pending before this Court is that pursuant to the sale deed executed by petitioner No. 1 Tara Singh R/o. Sriganganagar in favour of petitioner No. 2 Smt. Chetna Devi, the application filed by her before the Tehsildar Nohar for mutation in her favour still remains pending. The Board of Revenue by its order was of the opinion that in view of the fact that there was dispute regarding the genuineness of the parties involved, the application under Sec. 9 of the Act of 1956 and/or Section 221 of the Act of 1955 was not maintainable; dismissed the same and imposed cost of Rs. 5,000/ - treating the application as frivolous.
(3.) IN the facts and circumstances of the case, wherein admittedly, there is a dispute regarding the genuineness of the parties involved, raised by one Fateh Mohammed son of Noor Mohammed and by Tara Singh R/o. Bhatinda (Punjab), the parties are directed to appear before the Tehsildar Nohar on 16.2.2015. The Tehsildar Nohar shall decide the application filed by petitioner No. 2 Smt. Chetna Devi seeking mutation of the land in her favour based on sale deed executed by Tara Singh of Sriganganagar after hearing all concerned and giving them opportunity to file documents etc.. The exercise may be concluded by the Tehsildar as expeditiously as possible preferably within a period of three months from 16.2.2015.;
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