RAVANI, C.J. - (1.) Where no period of limitation is prescribed under the relevant provision of the Statute, can the power be exercised by the authority at any time? The question has arisen in this Appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 in the context of exercise of powers by the Board of Revenue after a period of about 25 years under Section 82 of the Rajasthan Land Revenue Act, 1956 and under Section 232 of the Rajasthan Tenancy Act, 1955.
(2.) This Appeal arises out of the judgment and order passed by the learned single Judge in SB Civil Writ Petition No. 184 of 1987 decided on January 19, 1987. By the aforesaid order, the learned single Judge confirmed the judgment and order passed by the Board of Revenue in LR Reference No. 38 of 1984/ Kota.
(3.) The facts giving rise to this appeal, are as follows:- The dispute pertains to a land admeasuring 43 Bighas and 9 Biswas, situated in the village - Ulthi Tehsil and District - Baran. The land was originally in the name of Pujari Laxminarain Temple. Sometime in the year 1951, the Pujari died. The land was ordered to be resumed and confiscated to the State as per order dated January 20, 1955 passed by the Commissioner, Kota. In other words, the land was a 'Muafi' land inasmuch as after death of the Pujari of Laxminarain temple, no one was there to claim the land. By way of escheat, it was ordered to be resumed by the State.;