IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Mr. Vinit Kumar Mathur, J.
Raju & Ors. – Appellant
Versus
Divisional Forest Officer & Ors. – Respondent
S.B. Civil Writ Petition No. 5356/2018
Decided On : 13-05-2022
Rajasthan Land Revenue Act, 1956 - Revision Applications - Possession of Allotted Lands - Conversion Orders - Preliminary Objections - Remand by Board of Revenue
Fact of the Case:
The petitioners were allotted lands in 1974 under the Rules of Rajasthan Land Revenue and were in possession of those lands. Proceedings for conversion of the land were undertaken in 2007, and the Forest Department's appeal against the conversion orders was dismissed. The petitioners were served with a notice under the Rules of 1970, and their preliminary objections were rejected by the District Collector.
Finding of the Court:
The Court considered the facts of the case and the orders passed by the Board of Revenue and the District Collector. The matter was remanded back to the Collector for deciding the preliminary objections submitted by the petitioners.
Issues: The issues involved the possession of allotted lands, conversion orders, and the rejection of preliminary objections by the District Collector.
Ratio Decidendi: The Board of Revenue's order allowing the revision petitions and remanding the matter back to the Collector influenced the Court's decision.
Final Decision: The Court decided to remand the matter back to the Collector for deciding the preliminary objections submitted by the petitioners.
ORDER
1. The present batch of writ petitions arise out of the similar and identical order 17.09.2015 (Annex.6) passed by the Board of Revenue, Ajmer on the revision applications preferred by the petitioners under Section 84 read with Section 9 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ’the Act of 1956’), therefore, the present writ petitions are heard and decided by this common order.
2. For deciding the controversy, the facts of S.B. Civil Writ Petition No. 5356/2018 (Raju & Ors. V/s Divisional Forest Officer & Ors.) are being taken into consideration.
3. Brief facts which are necessary to be noted in the present case are that the petitioners were allotted lands in the year 1974 under the Rules of Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred to as ’the Rules of 1970’) and since then the petitioners are in possession of those lands. After the lands were allotted, the proceedings under Section 90B for conversion of the land was undertaken by the UIT, Udaipur and the conversion orders were passed in the year 2007. Against the conversion orders, the respondent No.1 preferred appeal before the Divisional Commissioner and the same was dismissed. The appeal preferred by the respondent No.1 was further challenged by way of filing revision petitions before the Board of Revenue. The Board of Revenue also dismissed the revision petitions preferred by the Forest Department-respondent No.1. Against the orders passed by the Board of Revenue and the Divisional Commissioner, the Forest Department preferred the writ petitions before this Court and same were rejected by this Court by order dated 13.05.2022.
4. During the pendency of these proceedings, the petitioners were served with a notice under Rule 14(4) of the Rules of 1970. The petitioners by way of filing reply submitted preliminary objections in the matter. The District Collector vide order dated 09.03.2015 rejected the preliminary submi55ssions made by the petitioners and ordered that the controversy in the present case will be decided after hearing the respondents and evaluating the documents and evidence brought on record. Aggrieved by the order dated 09.03.2015, the petitioners preferred revision petitions before the Board of Revenue and the Board of Revenue vide its order dated 17.09.2015 allowed the revision petitions of the petitioners and remanded the matter back to Collector with a direction to decide the preliminary objections submitted by the petitioners in the light of the observations made by the Board of Revenue in its order dated 17.09.2015.
AI
The legal principle established is the authority of the Board of Revenue to allow revision petitions and remand matters for further consideration.
District Collector is not empowered to review his own order as there is no provision of law available which permits him to do so.
The judicial review of the decision-making process is permissible, but not of the decision itself.
The main legal point established in the judgment is that a compromise confirmed by a civil court decree can affect the standing of parties to challenge entries in revenue records, and that no interfe....
The proceedings under Section 136 of the Act of 1956 are summary in nature and cannot be treated as a suit, thus the application under Order 7 Rule 11 CPC is not maintainable.
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