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PUSHPENDRA SINGH BHATI
Mori Devi, W/o. Ramaji – Appellant
Versus
Rasal Kanwar, W/o. Mangal Singh, D/o. Late Sagat Singh – Respondent
JUDGMENT :
1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs :
(a) by an appropriate writ, order or direction, the impugned order dated 24.08.2023 passed by the learned Board of Revenue, Ajmer in REVISION/L.R./2956/2016/DISTRICT PALI (Annexure-13), may kindly be quashed and set aside.
(b) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners.
(c) Costs of the writ petition may kindly be awarded to the petitioners.”
2. Brief facts of the case, as placed before this Court by learned counsel of the petitioner, are that one Smt. Mohan Kanwar W/o of Late Sagat Singh preferred an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘Act of 1956’) alongwith an application under Section 5 of the Limitation Act, 1963 before the Additional District Collector-Cum-Sub Divisional Officer, Pali against the respondent no.5 to 18, statin
Point of Law : Court is in complete agreement with reasoning adopted by BOR - There is no violation of principles of natural justice and no palpable error has crept in the order of the BOR.
The court emphasized the importance of disclosing all material facts and dismissed the petition due to concealment of material facts and delay.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
The appeal asserts limitations on revisional powers under the MP Land Revenue Code and confirms that the burden of proof lies with the appellants in civil disputes.
The main legal point established in the judgment is the interpretation and application of Section 65 of the Gujarat Land Revenue Code, 1879 in the context of a land dispute.
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