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2022 Supreme(Raj) 281

PUSHPENDRA SINGH BHATI
Pancha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :J.L. Purohit, Senior Advocate assisted by Shashank Ojha.
For the Respondents: L.K. Purohit and Shreyash Ramdev.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This writ petition has been preferred claiming the following reliefs:

    "(a) an appropriate writ, order or direction be issued quashing the orders passed by the Assistant Collector, Bali, the Revenue Appellate Authority (II), Jodhpur and the Board of Revenue dated 14.12.88, 17.04.93 and 09.06.2000 (Annexures 3, 4 and 5 respectively);

(b) the respondents may be restrained from interfering with the cultivatory possession of the petitioners over the lands in dispute;

(c) in any case, the order passed by the Board of Revenue for dispossessing the petitioners from 16.06 Bighas of the lands may be quashed."

2. The bone of contention in the present case is subletting of half portion of a land (comprising Khasra No. 59 in Village Dhalop, Tehsil Desuri, District Pali), allotted under the landless category to the private respondent-Jeevla (member of the Scheduled Caste category), which was in alleged violation of the provisions of Section 46A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955'); and the consequential orders passed in regard to dispossession of the petitioners from the said half portion of the land, while vesting the e

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