The judicial review of the decision-making process is permissible, but not of the decision itself.

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The present batch of writ petitions arise out of the orders passed by the Divisional Commissioner, Udaipur and the Board of Revenue, Rajasthan, Ajmer having similar facts, therefore, the writ petitions are being heard and decided finally by this common order.

3. The facts of Writ Petition No. 10775/2015 (Forest Department, Udaipur v. Smt. Meena & Ors.) are being taken into consideration while deciding the present batch of writ petitions.

4. Brief facts giving rise to the present writ petition are that the Forest Department, Udaipur preferred this writ petition being aggrieved of the Allotment Order dated 21.11.1974 passed by Sub-Divisional Officer, Udaipur (Annexure-4), Order dated 17.12.2007 passed by Urban Improvement Trust, Udaipur (Annexure-6) under Section 90B of Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the "the Act"), Order dated 25.11.2013 passed by Divisional Commissioner, Udaipur (Annexure-8), and the order dated 04.12.2014 passed by the Board of Revenue, Rajasthan, Ajmer (Annexure-9).

5. The Forest Department, Udaipur basically approached this Court by way of filing the present writ petition on the ground that in view of the Notification issued on 27.04.1942 (Annexure-1), declaring the disputed land as "Reserved Forest" under the Mewar Forest Act, 1942, was allotted to the respondents. It is submitted that on 13.10.1964, a final Notification (Annexure-2) was issued, whereby, 2900.80 acres of land was declared as forest land. This 2900.80 acres of land was comprising of villages Sisaram, Goverdhan Vilas (Now Dewali), Balicha, Nai and Udaipur City. According to the petitioner, this land was demarcated by Monologue Pillars depicting the same to be the forest land. As per Section 4 & 20 of the Rajasthan Forest Act, 1953 and Rule 6 of the Rajasthan Forest (Settlement) Rules, 1958, there was no requirement of giving the details of the Khasra Numbers as the limits of the forest can be described by roads, rivers, ridges or other well known/readily intelligible boundaries. On the basis of these notifications, the petitioner claims the area in question to be the forest land.

6. After the mutation entries were recorded as Gair Khatedar in the year 1974-75, the respondent No. 3 was given the Khatedari rights in the year 1992. On the strength of the Khatedari rights, the petitioner was/is in possession of these properties and, therefore, in the year 2007, the applications were preferred for conversion of the land under Section 90-B of the Land Revenue Act. On such applications being preferred, the respondent-UIT, Udaipur invited the objections from all concerned including the petitioner and since no objection was received, the conversion orders were issued by the UIT on different dates within the years 2007-2009.

7. After passing of the conversion orders, on 25.11.2011, the petitioner filed detailed objections to respondent No. 2-UIT contending therein that the conversion orders passed by it is de hors the law as the lands which are subject matter of the conversion orders is a forest land. On the similar lines, a complaint was also filed before the Collector, Udaipur upon which, a joint inspection was undertaken by the Forest Department as well as the revenue authorities. The UIT, Udaipur replied to the petitioner vide letter dated 09.01.2012 stating therein that since no objection was received and the lands are under the purview of Revenue, therefore, the conversion orders have rightly been passed.

8. In these circumstances, the petitioner preferred an appeal before the Divisional Commissioner, Udaipur, whereby, a challenge was laid to the conversion orders passed in favour of private respondents. The Divisional Commissioner, Udaipur, after appreciating the evidence brought on record, rejected the appeal preferred by the petitioner by a detailed order dated 25.11.2013. This order of Divisional Commissioner, Udaipur was assailed by the petitio