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2014 Supreme(Raj) 953

AMITAVA ROY, VIJAY BISHNOI
LR’s Teja Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:L.R. Mehta, Advocate.
For the Respondents: Sunil Joshi on behalf of Rajesh Panwar, AAG.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a land dispute where the petitioner, Late Teja Ram, claimed Khatedari rights over 54 Bighas of agricultural land recorded as 'Bila Kabja Sarkari Padat' in revenue records (!) .

  2. The petitioner relied on a Patta allegedly granted by a former Jagirdar of Barmer, but the genuineness of this Patta was doubted due to the haphazard maintenance of records and discrepancies in land measurements (!) .

  3. The Assistant Collector initially dismissed the revenue suit, citing lack of proof of continuous possession and doubts about the authenticity of the Patta, especially since the land was recorded as government land (!) .

  4. The Revenue Appellate Authority reversed this decision and decreed the suit in favor of Late Teja Ram, accepting his evidence and the Patta's validity (!) .

  5. The State government did not appeal or seek revision but referred the matter to the Board of Revenue under a specific section, which questioned the validity of the Revenue Appellate Authority's order and accepted the reference (!) .

  6. The Board of Revenue, exercising its supervisory powers, reviewed the case and found that the Revenue Appellate Authority had exceeded its jurisdiction by accepting insufficient evidence regarding possession and the authenticity of the Patta (!) .

  7. The review concluded that there was no reliable evidence to establish Late Teja Ram’s possession over the land, and the Patta's measurements did not meet the standards for agricultural land, thereby invalidating his claim (!) .

  8. The courts, including the learned Single Judge, upheld the findings that the Revenue Appellate Authority's decision was beyond its jurisdiction and was not supported by adequate evidence (!) .

  9. The courts emphasized that the Revenue Board has broad supervisory powers over subordinate revenue courts, including the authority to interfere when illegalities are identified (!) (!) .

  10. Ultimately, the appeal was dismissed, affirming that the original decision to deny Khatedari rights was correct based on the evidence and legal principles involved (!) (!) .

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JUDGMENT

1. - This appeal is directed against the order dated 24.04.2006 passed by the learned Single Judge in SBCWP No. 1364/1993, whereby the learned Single Judge has dismissed the writ petition. Brief facts of the case are that Tehsildar, Barmer, while exercising powers under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956' hereinafter) issued a notice to Late Teja Ram to show cause as to why he may not be dispossessed from the illegal occupation from the Government land situated in Khasra No. 1468 of Barmer. Late Teja Ram submitted his reply to the said notice, and simultaneously filed a suit in the Court of Assistant Collector, Barmer under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955' hereinafter) seeking declaration of Khatedari Rights in respect of 54 Bighas of land in Khasra No. 1468 of Barmer. The Assistant Collector, Barmer vide judgment dated 25.03.1983, had dismissed the revenue suit preferred by Late Teja Ram and held that he was having possession over some part of the land in dispute during the period commencing from Samvat Year 2021 to 2026 and thereafter for some period from Samvat Year 2036 to 203















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