Unreasonable delay in exercising revisional powers and acquisition of rights without fraud or collusion.

Govind Mathur, J.-A writ in the nature of certiorari is sought by the petitioner to quash the Judgment dated 29.05.1995 passed by Board of Revenue for Rajasthan, Ajmer in Reference/TA No. 24/95/Bikaner and the order dated 09.01.1996 passed by Board of Revenue rejecting the application submitted by the petitioner to review the Judgment dated 29.05.1995.

2. In short the controversy involved in this petition is that in pursuant to a Judgment and decree dated 110.1982, passed by Assistant Colonisation Commissioner, Kolayat the petitioner was declared and entered as gair khatedar tenant of the lands in Khasra Nos. 85 and 347 village Bhikampur District Bikaner.

3. The Assistant Commissioner, Colonisation, by Judgment dated 110.1982 while accepting the suit preferred by the petitioner under Sections 88, 89, 92-A and 188 of the Land Revenue Act, 1956 (hereinafter referred to as “the Act of 1956”) held that the land in dispute was in possession of father of the petitioner plaintiff since samvat year 2015 and, therefore, the plaintiff-petitioner is entitled for a decree to enter him as a gair khatedar tenant.

4. The Collector-cum-Deputy Commissioner, Colonisation, Bikaner under an order dated 09.01.1995 made a reference under Section 232 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as “the Act of 1955”) to the Board of Revenue for Rajasthan, Ajmer to examine validity of the Judgment dated 110.1982 in pursuant to which gair khatedari rights were accorded to the petitioner.

5. The Board of Revenue by Judgment impugned dated 29.05.1995 accepted the reference by holding that the plaintiff petitioner was not having any right to be declared as gair khatedar tenant being not in possession of the land in dispute. The Board of Revenue also held that the fact about possession over the land was not substantiated by any evidence including the statement of former Jagirdar of village Bhikampur.

6. The petitioner sought review of the Judgment dated 29.05.1995 by way of filing a review petition before the Board of Revenue under Section 229 of the Act of 1956 but that too was rejected by order dated 09.01.1996. Hence, this petition for writ is preferred by the petitioner under Articles 226 and 227 of the Constitution of India.

7. Counsel for the petitioner, at the threshold of hearing, stated that the petitioner acquired gair khatedari rights as a consequence of a decree passed by the competent Court in the year 1982 which was sought to be referred by the Collector under Section 232 of the Act of 1955 in the year 1995 i.e., after a lapse of about 13 years. According to Counsel for the petitioner no such reference is permissible at a belated stage. To substantiate the contention reliance is placed upon a Division Bench Judgment of this Court in the case of State of Rajasthan vs. Teja & Ors., reported in 2005 (1) DNJ (Raj.) 162, wherein this court held that powers under Section 232 of the Act of 1955 are required to be exercised within a reasonable period as unreasonable delay would amount to putting imprimatur of the Courts on the unreasonable and arbitrary exercise of powers. In the case of State of Rajasthan vs. Teja & Ors. (Supra), Honble Division held as under:-

“In Anandi Lals case (Supra), the Division Bench has taken note of the fact that once a tenant/khatedar acquires tenancy/khatedari rights and continues to be in possession of the land, his rights cannot be called in question after unreasonable delay. Such tenants/khatedars are required to be treated at par, for all purposes, with all other tenants/khatedars, who acquired the tenants/khatedari rights over the land. It was further observed that to permit the exercise of revisional powers under Section 82 of the Act of 1956 and or under Section 232 of the Act of 1955, after unreasonable delay would amount to putting imprimatur of the Courts on the unreasonable and arbitrary exercise of power. The Court took the practical view of the matter observing that within a period of