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ARUN BHANSALI, ASHOK KUMAR JAIN
State of Rajasthan – Appellant
Versus
Gopal Menariya S/o Shri Tulsiram Menaria – Respondent
JUDGMENT :
ARUN BHANSALI, J.
1. This appeal is directed against the judgment dated 16.11.2018 passed by learned Single Judge in SBCWP No. 16879/2017, whereby, the writ petition filed by respondent has been allowed and the impugned order/communication (Annex.19 with the writ petition) dated 6.12.2017 issued by the Deputy Conservator of Forest, Udaipur, has been quashed and set aside and he has been directed to forthwith and not later then within period of two months issue the NOC for setting up petrol pump on the land in question in terms of letter of intent.
2. The writ petition was filed by the respondent-petitioner with the averments that he had purchased the land ad-measuring 0.4875 hectare from one Shanti Lal in revenue village Kaya Patwar Circle Kaya, Tehsil Girwa, Udaipur, vide registered sale deed dated 4.8.2018. It was claimed that originally the Arazi number of the land was 3103 and its total area was 12.3400 hectares, after settlement the new Arazi Number of the land was 6466, land admeasuring 1.9500 hectare was regularized in name of one Dhanraj out of the 12.3400 hectares of land of Arazi No. 3103.
3. It was indicated that the said parcel of land was entered as Arazi No. 64
Once a finding of fact has been recorded by Revenue Appellate Authority by merely relying on notification issued under Section 4, 5 appellant cannot seek reversal.
The judicial review of the decision-making process is permissible, but not of the decision itself.
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
Notice under Section 35(3) IFA for MPFA vesting must be by authorised officer, served on true owner pre- or proximately to appointed day; invalid notice fails strict compliance, preventing land class....
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
(1) Title – Revenue Record is not a document of title and does not confer any ownership or title upon person whose name appears in it – Mutation does not create or extinguish title and has absolutely....
Bhumidhari rights cannot accrue on land classified as forest or public utility land under Section 132 of the U.P.Z.A. and L.R. Act, 1950.
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