The main legal point established in the judgment is the principle of 'ubi jus ibi remedium' and 'Lex Semper Dabit Remedium', emphasizing the right to a remedy when a legal injury is sustained.

ORDER :

1. The issue involved in these writ petitions is “when no remedy of filing appeal is prescribed in any statute, whether the aggrieved person can be left remediless?”

Factual Matrix:-

2. In the present matter, allotment of same land in question was made in favour of both the parties by the authorities in different years. Both the parties made their respective claims over the land in question and finally, after holding an enquiry, the allotment made in favour of the respondents was treated as valid. Now, the question which remains for consideration before this Court is “whether the order passed by the Collector is final or the petitioner would have any remedy of filing appeal or not”. It is in this background, the issue involved in these petitions is required to be considered.

3. Since common question of law and facts are involved in both the petitions, hence with the consent of the counsel for the parties, both the matters are taken up for final disposal and the same are being decided by this common order.

4. For the sake of convenience, the facts mentioned in S.B. Civil Writ Petition No. 6941/2023 are taken into consideration.

5. The instant petition has been filed by the petitioner against the impugned order dated 31.01.2023 passed by the Divisional Commissioner, Bharatpur by which the appeal filed by the petitioner against the judgment dated 16.10.2017, passed by the District Collector, Bharatpur, has been dismissed on the ground of jurisdiction.

Rival Submissions:-

6. Counsel for the petitioner submits that with regard to the property in question, two different ‘pattas’ were issued in favour of the respondents as well as the petitioner in the years 1979 and 1981 respectively. Counsel submits that while contesting their right to claim over the property in question, the matter travelled from Revenue Court to this Court and finally SBCWP No. 2928/1991 was submitted by the father of the respondent Nos. 1 to 5, which was decided by the co-ordinate Single Bench of this Court vide order dated 24.10.1996 and the Collector was directed to examine the allotment order issued in favour of the parties by holding an enquiry. Counsel submits that the said order was challenged by both the parties before the Division Bench of this Court by way of filing two different special appeals bearing Nos. 1383/1996 and 113/1997. Counsel submits that both appeals were decided by a common order by the Division Bench vide order dated 11.02.2009 and the District Collector concerned was directed to complete the enquiry within a period of three months from the date of receipt of certified copy of the order dated 11.02.2009 and further liberty was granted to the parties to seek appropriate remedy before the appropriate forum, in accordance with law. Counsel submits that thereafter, enquiry was conducted by the District Collector, Bharatpur and finally the judgment was passed on 16.10.2017 and patta issued on 15.05.1979 in favour of the respondents was restored and the patta issued in their favour was treated to be a valid Patta.

6.1. Counsel submits that feeling aggrieved and dissatisfied by the order dated 16.10.2017 passed by the District Collector, Bharatpur, the petitioner submitted an appeal under Section 75 of the Rajasthan Land Revenue Act, 1955 before the Revenue Appellate Authority (for short, ‘the RAA’). Counsel submits that during pendency of the said appeal before the RAA, the State Government issued a notification dated 17.10.2019 by which the said appeal was transferred to the Divisional Commissioner, Bharatpur. Counsel submits that instead of deciding the appeal on its merits, the Divisional Commissioner, Bharatpur vide impugned order dated 31.01.2023 rejected the appeal on the ground of maintainability. Counsel submits that since the orders are passed by the authorities, while exercising the powers contained under the Rajasthan Land Revenue (Permanent Allotment of Evacuee Agriculture Lands) Rules, 1963 (for short, ‘the Rules of 1963’), hence,