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B. R. GAVAI, ARAVIND KUMAR
Legal Representative Of Bhagwani Devi, Bharat Bhusan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
(B.R. Gavai, J.)
1. Leave granted.
2. This appeal challenges the judgment and order passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur dated 06.03.2019, thereby allowing the intra court appeal filed by the respondents/State, which was in turn filed challenging the judgment and order passed by the learned Single Judge dated 08.12.2007 allowing the writ petition filed by the appellant.
3. The facts in the present case are not disputed. The land in question was allotted to Shri Lal Chand, son of Shri Ghasi Ram, and sanad was issued in his favour. The said Lal Chand proceeded to sell the land for consideration by way of agreement to sell dated 05.06.1986 in favour of Bela Ram, son of Chamba Ram. Bela Ram made an application under Section 13-A of the Rajasthan Colonization Act, 1954 (Act No.XXVII of 1954) (for short, ‘the Act’) for declaration of the same as valid by making payment of compounding fee to the State.
4. Subsequently, the agreement came to be cancelled by mutual consent. However, on 09.08.1990 Chandra Bhan, son of Bela Ram made a
The court upheld the validity of land allotment under the Rajasthan Colonization Rules, confirming the authority of the Additional Commissioner to reject cancellation applications based on existing n....
The court upheld the dismissal of the appellant's writ petition, finding no violations of the Rajasthan Colonisation Rules and affirming the finality of prior allotments.
The central legal point established in the judgment is the correct interpretation and application of the Rajasthan Colonization Rules, 1975, particularly regarding the definition of 'landless person'....
The central legal point established in the judgment is the protection of land forming part of johar paitan from being divested for any other use, as specified under Section 16 of the Act of 1955, and....
The main legal point established in the judgment is that allotments obtained by misrepresentation or fraud can be cancelled without limitation, and such allotments do not confer any title over the pr....
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