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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
GANESH RAM MEENA, J.
Smt. Nirmala Poonglia, W/o. Late Shri Shikhar Chand Poonglia and Ors. - Petitioners
Versus
The Jaipur Development Authority Through Secretary And Ors. - Respondents
S.B. Civil Writ Petition No. 5258 Of 2018 Connected With S.B. Civil Writ Petition No. 5259 Of 2018, S.B. Civil Writ Petition No. 5260 Of 2018, S.B. Civil Writ Petition No. 5262 Of 2018, S.B. Civil Writ Petition No. 5266 Of 2018, S.B. Civil Writ Petition No. 5270 Of 2018, S.B. Civil Writ Petition No. 5271 Of 2018, S.B. Civil Writ Petition No. 5272 Of 2018, S.B. Civil Writ Petition No. 5273 Of 2018, S.B. Civil Writ Petition No. 5274 Of 2018, S.B. Civil Writ Petition No. 5275 Of 2018, S.B. Civil Writ Petition No. 5276 Of 2018, S.B. Civil Writ Petition No. 5277 Of 2018, S.B. Civil Writ Petition No. 5278 Of 2018, S.B. Civil Writ Petition No. 5279 Of 2018.
Decided On : 11-05-2023
Rajasthan Land Revenue Act, 1956 - Section 90A, 84 - Jaipur Development Authority Act - Section 83 - Appellate Authority - Board of Revenue - Writ petitions involve a similar identical issue were tagged heard and decided by common order - Writ petitions have been filed by petitioners assailing separate orders passed by Board of Revenue revision petitions filed by respondent - Held, Counsel appearing for respondent JDA has already stated that they will ensure that provisions and requirement of law will be followed while approving the building and constructions plans over land in question - Findings of Board of Revenue holding that respondent appellant aggrieved person as regards to orders for conversion of land illegal perverse and not justified order of Board of Revenue also deserves to be quashed - Writ petitions are allowed.
JUDGMENT :
1. Since all these writ petitions involve a similar/identical issue and therefore, all were tagged, heard and decided by the common order.
2. These writ petitions have been filed by the petitioners assailing the separate orders passed by the Board of Revenue, Rajasthan, Ajmer, (for short ‘the Board of Revenue’) in the revision petitions filed by respondent No.3- Binder Pal Singh Yadav, whereby the Board of Revenue allowed the revision petitions and set aside the orders passed by the Divisional Commissioner, Zone-7, JDA, Jaipur and also the orders dated 02.08.2016, 03.08.2016 and 28.07.2016 passed by the Authorized Officer under section 90A of the Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’). The details of the orders under consideration in each writ petition are given in tabulation form as under:-
| SBCW P.No. (1) | Date of order and number of revision petition, passed by the Board of Revenue, Rajasthan, Ajmer (2) | Date of order and number of appeal passed by the Divisional Commissioner, Jaipur (3) | Date of Order and the case number, passed by the Authorized Officer, Zone-7, JDA, Jaipur (4) |
| 5258/2018 | 05.02.2018, Revision /LR/ 6685/ 2017/ Jaipur | 25.10.2017, Appeal No.126/2017 | 02.08.2016, Case No.9 |
| 5259/2018 | 05.02.2018, Revision /LR/ 6694/ 2017/ Jaipur | 25.10.2017, Appeal No.113/2017 | 02.08.2016, Case No.14 |
| 5260/2018 | 05.02.2018, Revision /LR/ 6692/ 2017/ Jaipur | 25.10.2017, Appeal No.125/2017 | 28.07.2016, Case No.06 |
| 5262/2018 | 05.02.2018, Revision /LR/ 6693/ 2017/ Jaipur | 25.10.2017, Appeal No.114/2017 | 03.08.2016, Case No.16 |
| 5266/2018 | 05.02.2018, Revision /LR/ 6684/ 2017/ Jaipur | 25.10.2017, Appeal No.118/2017 | 02.08.2016, Case No.3 |
| 5270/2018 | 05.02.2018, Revision /LR/ 6695/ 2017/ Jaipur | 25.10.2017, Appeal No.116/2017 | 28.07.2016, Case No.13 |
| 5271/2018 | 05.02.2018, Revision /LR/ 6678/ 2017/ Jaipur | 25.10.2017, Appeal No.120/2017 | 02.08.2016, Case No.4 |
| 5272/2018 | 05.02.2018, Revision /LR/ 6676/ 2017/ Jaipur | 25.10.2017, Appeal No.117/2017 | 02.08.2016, Case No.8 |
| 5273/2018 | 05.02.2018, Revision /LR/ 6686/ 2017/ Jaipur | 25.10.2017, Appeal No.119/2017 | 02.08.2016, Case No.7 |
| 5274/2018 | 05.02.2018, Revision /LR/ 6691/ 2017/ Jaipur | 25.10.2017, Appeal No.123/2017 | 02.08.2016, Case No.15 |
| 5275/2018 | 05.02.2018, Revision /LR/ 6683/ 2017/ Jaipur | 25.10.2017, Appeal No.121/2017 | 02.08.2016, Case No.12 |
| 5276/2018 | 05.02.2018, Revision /LR/ 6690/ 2017/ Jaipur | 25.10.2017, Appeal No.127/2017 | 28.07.2016, Case No.10 |
| 5277/2018 | 05.02.2018, Revision /LR/ 6679/ 2017/ Jaipur | 25.10.2017, Appeal No.124/2017 | 28.07.2016, Case No.02 |
| 5278/2018 | 05.02.2018, Revision /LR/ 6687/ 2017/ Jaipur | 25.10.2017, Appeal No.115/2017 | 02.08.2016, Case No.11 |
| 5279/2018 | 05.02.2018, Revision /LR/ 6677/ 2017/ Jaipur | 25.10.2017, Appeal No.122/2017 | 02.08.2016, Case No.5 |
3. Since all the writ petitions are based on similar and to some extent identical facts and thus for brevity the facts of CWP No.5258/2018 are being mentioned here for consideration.
The facts borne out from the pleadings are that land bearing Khasra No.179 measuring 17 bigha and 5 biswa situated in Beedkhatipura, Jaipur, was recorded in the name of Shikar Chand Poonglia and Rikhab Chand Poonglia. A partition took place amongst the legal representatives of aforesaid khatedars on 24.07.2013 whereby Khasra No.179/1 measuring 8 bigha and 13 biswa was the share of Nirmala Poonglia and Shrish Poonglia, who are legal representatives of Shikar Chand Poonglia and Khasra No.179/2 measuring 8 bigha and 12 biswa was the share of Ratan Kumar Poonglia and Sanjay Poonglia, who are legal representatives of Rikhab Chand Poonglia. Out of the land of Khasra No.179/1, one of the petitioner, purchased a plot measuring 11 biswas from Nirmala Poonglia and Shrish Poong
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
The conclusion of an administrative review requires the immediate consideration of pending applications for land conversion and NA permission from the original submission date, not as fresh applicati....
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