1978 Supreme(Raj) 353
D.P.GUPTA, P.D.KUDAL
State of Rajasthan – Appellant
Versus
D. H. Well – Respondent
JUDGMENT
1. - This writ petition is directed against the order of the Board of Revenue dated August 26, 1976.
2. Brief facts of the case which are relevant for the disposal of this writ petition are that a piece of land bearing Khasra No. 254/5, measuring 3 bighas 10 biswas situated in Sikar, was initially shown in the revenue records in the name of Moonga son of Padma Balai, a member of Schedule caste. On the death of Munga, the land was mutated in the name of Partu Ram and Moolaram who were also members of the scheduled caste. They executed a sale deed in favour of the non-petitioner No. 1 D.H. Well for this land on November 29, 1962. The mutation was effected by the Tehsildar Sikar on March 8, 1963, in favour of Shri Well. On May 14, 1965, Shti Well sold this land to the non-petitioner No. 2 Shri Govind Singh. A mutation in favour of Gobind Singh was also granted by the Tehsildar on 28.9.65. When these facts were brought to the notice of the Distt. Administration that a land belonging to the persons of scheduled caste has been sold to a person who is not a member of the scheduled caste and that the sale is void ab initio in view of the mandatory provisions of Section 42 of the Ra
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