GOPAL KRISHAN VYAS,J. - (1.) The instant appeal has been filed by appellant Balram, assailing the validity of judgment dated 15.11.2017 passed by learned Single Judge in SBCWP No. 4372/1997, whereby the learned Single Judge dismissed the writ petition filed by the appellant/writ-petitioner and upheld the orders passed by learned Addl. District Collector (Vigilance) Sri Ganganagar, District Collector-cum-Authorized Settlement Commissioner Sri Ganganagar and Divisional Commissioner, Bikaner and further held that no illegality has been committed in remanding the matter to the authority concerned for fresh adjudication after providing opportunity of hearing to all the parties.
(2.) The facts in brief are that one Banjara Ram was allotted 13 Bigha of land (land in question) and said Banjara Ram was survived by his son, namely, Godharam (who had adopted the appellant-Balram). As per pleadings, after death of Sh. Banjara Ram, Godharam succeeded to his rights, title and interest over 13 Bigha of land allotted to him, being the only son of late Sh. Banjara Ram. By virtue of his legal status, Godharam was declared as legal heirs by the custodian Department vide order dated 05.09.1963.
(3.) Sh. Godharam did not have any issue, therefore, he adopted the appellant/writ-petitioner and his wife Smt. Jawai Bai died during his lifetime, thereafter Godharam executed a Will in favour of appellant and by virtue of said Will, being only adopted son of Godharam, succeeded to his rights after his death on 23.06.1986. Appellant claimed that he is in continuous possession of the land in question but on 22.07.1986, the respondent Smt. Bhago Bai (now survived by her legal heirs) moved an application before the District Rehabilitation Officer claiming her right of succession in the land in question along with resolution passed by Panchayat to that effect. Smt. Bhago Bai claimed her right over the land in question but did not implead the appellant/writ-petitioner as party-respondent despite having knowledge that the appellant is adopted son of late Sh. Godharam. According to appellant, when this fact came to his knowledge, an application was moved seeking his impleadment as party. The District Rehabilitation Officer after examining the witnesses as well as documents submitted on record, held that the appellant is the successor of land held by Godharam, and therefore, dismissed the application preferred to Smt. Bhago Bai vide order dated 15.09.1989.;