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PUSHPENDRA SINGH BHATI
Late Shri Bharmal Ram through his LRs. – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The matter pertains to the year 1999, and thus, listed under the category of “Oldest Cases for Early Disposal”.
2. The instant petition under Articles 226 & 227 of the Constitution of India has been preferred against the order dated 29.06.1998 (Annexure-7) passed by the Collector -cum- Deputy Colonisation Commissioner, Bikaner, whereby the said revenue authority made a reference before the learned Board of Revenue for Rajasthan (BoR), Ajmer; the order dated 09.09.1998 (Annexure-8) passed by the learned BoR accepting such reference while setting aside the order dated 10.05.1989 (Annexure-4) passed by the Assistant Colonisation Commissioner, IGNP, Kolayat (Assistant Commissioner’), has also been assailed in the instant petition.
3. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the petitioners had filed an application under Sections 125 & 136 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘Act of 1956’) before the Assistant Commissioner for correction of entries in the revenue records. It was stated that the petitioners were in cultivatory possession of the land comprising khasra no. 708 Rakba 86 bi
The sufficiency of evidence and material to support conclusions regarding rights over the land is crucial in cases involving correction of entries in revenue records.
The main legal point established is the authority's power to review its own order and the applicability of revenue laws as supplemental provisions.
The court established that khatedari rights under the Rajasthan Tenancy Act cannot be revoked without due process, and that administrative orders lacking legal foundation are void.
The importance of evidence in establishing possession prior to 1955 and the need for proper evaluation of evidence by the Board of Revenue.
The exercise of revisional powers under Section 232 of the Rajasthan Tenancy Act must be done within a reasonable time, and the absence of fraud or misrepresentation precludes the reopening of a decr....
Revenue authorities must adhere to principles of natural justice when altering land records, providing notice and opportunity for affected parties to ensure fair proceedings.
State's delayed challenge to the land grant lacks merit as no substantiating evidence was presented, affirming the integrity of rights established over decades.
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