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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Jodhpur Municipal Corporation (South) – Petitioner
Versus
Ajay Singh S/o Late Shri Daulat Ram – Respondent
S.B. Civil Writ Petition No. 1643 of 2024
Decided On : 01-05-2024
REVENUE LAW - Rajasthan Tenancy Act - Sections 15, 88, 188, 225, 91, 92 - The court discussed the provisions of the Rajasthan Tenancy Act, particularly focusing on the khatedari rights under Section 15, and the administrative powers of the Collector under Sections 88 and 188. The court interpreted these sections to affirm that the khatedari rights conferred upon the respondents were valid and could not be revoked without due process. The court emphasized that previous orders by the Collector had been set aside by higher courts, establishing that the land in question could not be declared government land without proper legal procedure.
Fact of the Case:
The writ petition was filed against an order by the Revenue Minister of Rajasthan allowing a review application that challenged previous decisions regarding khatedari rights over certain land. The petitioner contended that the land was government property and that the respondent had no rightful claim to it, citing administrative orders from 1970 that had declared the land as government land.
Finding of the Court:
The court found that the previous orders terminating the khatedari rights had been set aside by various courts, including the High Court and the Supreme Court. The court held that the entries made based on the 1970 order were null and void, and thus, the respondent's claim to the land was valid under the provisions of the Rajasthan Tenancy Act.
Issues: The primary issue was whether the respondent had valid khatedari rights over the land in question, and whether the administrative orders from 1970 could be upheld despite being set aside by higher courts.
Ratio Decidendi: The court concluded that the khatedari rights conferred upon the respondents were valid and could not be revoked without following due process as mandated by the Rajasthan Tenancy Act. The court reiterated that administrative orders cannot override established legal rights without proper justification.
Final Decision: The writ petition was dismissed, affirming the previous orders that recognized the khatedari rights of the respondents and set aside the administrative orders from 1970.
ORDER :
1. The present writ petition has been filed against the order dated 17.08.2021 passed by the learned Revenue Minister, Government of Rajasthan, whereby, the review application filed by the private respondents was allowed.
2. Mr. Manoj Bhandari, learned Senior Counsel for the respondents submits that the controversy involved in the present writ petition is squarely covered by a judgment of this Court rendered in S.B. Civil Writ Petition No. 13053/2020 (Jodhpur Development Authority Vs. Mangilal & Ors.) decided on 25.05.2023 in the following terms:
“(i) By an appropriate writ, order or directions, the judgment and order dated 04.02.2020 (Annex.2) passed by the learned Board of Revenue, Rajasthan, Ajmer in Revision No. 5486/2017 be quashed and set aside.
(ii) By an appropriate writ, order or directions, the judgment and order dated 30.06.2017 (Annex.1) passed by the learned RAA, Jodhpur in appeal under Section 225 of the Rajasthan Tenancy Act,1955 be quashed and set aside and the writ petition may kindly be allowed.”
2. Learned counsel for the respondent submits that the issue involved in the present writ petition is squarely covered by order passed by Co-ordinate Bench of this Court in Jodhpur Development Authority Vs. Jugal Kishore & Anr. (S.B. Civil Writ Petition No. 7489/2012, decided on 8.12.2017). The said order reads as follows:
“Respondent No. 1 filed revenue suit before the Assistant Collector and Sub Divisional Officer, Jodhpur under Sections 88 and 188 of the Rajasthan Tenancy Act seeking declaration as Khatedar for the land situated in Khasra No. 1028/740 (old Khasra No. 740/59) measuring 11 & 1/2 bighas situated at Vyas Ki Bawdi, Jodhpur. The petitioner-defendant filed their reply in the revenue suit stating therein that the respondent-plaintiff was not having the possession over the said land and that the said land is set apart for residential purpose, it has been handed over to the Erstwhile UIT. It was further stated in the reply that the District Collector, Jodhpur way back on 03.09.1953 had proposed to transfer the said land in favour of the UIT. The said order was never challenged. Meanwhile, the District Collector, Jodhpur passed another order dated 28.05.1970 declaring the said land as government land. Hence, the Revenue Court vide its order dated 30.08.2005dismissed the suit preferred by the respondent plaintiff and accordingly a notice under Section 91 of the Land Revenue Act was also issued by the Tehsildar against the respondent-plaintiff.
However, the appeal filed by the respondent No. 1 was allowed by the Revenue Appellate Authority vide order dated 21.06.2006 duly recording a finding that the father of the respondent-plaintiff - Goverdhan Lal was declared as Khatedar way back in the year 1956 in view of operation of Section 15 of the Land Revenue Act and the Collector, Jodhpur had wrongly terminated the khatedari rights of the respondent-plaintiff vide order dated 09.06.1970. The said order of the District Collector was an administrative order. The order of the District Collector, Jodhpur being an administrative order was also quashed by Civil Court in several suits filed by various effected people. Hence, the suit of the respondent-plaintiff was decreed by the Revenue Appellate Authority, Jodhpur and the order of the District Collector dated 09.06.1970 was quashed. The appeal filed against the order of the Revenue Appellate Authority, Jodhpur before the Board of Revenue, Rajasthan, Ajmer was dismissed vide judgment and order dated 15.11.2011.
Thus, the present writ petitions have been preferred against the order dated 15.11.2011 passed by the Board of Revenue, Rajasthan, Ajmer whereby the appeal preferred by the petitioner against the order dated 21.06.2006 passed by the Revenue Appellate Authority, Jodhpur was dismissed.
While challenging the order date
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 main legal point established in the judgment is that the appeal under Section 20 of the Act of 1975 was not maintainable as the order was passed under Section 9-A, which was non-appealable. The j....
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
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