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2023 Supreme(Raj) 2082

PUSHPENDRA SINGH BHATI
Teena Real Estate Private Limited – Appellant
Versus
Government of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajendra Singh Rathore
For the Respondents: Ms. Akshiti Singhvi

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized for your understanding:

  1. The petitioner, a registered company, purchased agricultural land from a non-SC/ST individual and developed it, subsequently seeking registration for a plot sold to a buyer. The initial denial was based on restrictions related to SC category land under the Rajasthan Tenancy Act (!) (!) .

  2. The court clarified that the land in question was originally from a general category seller, and the transaction was between two general category entities, with the company acting as a facilitator. The fact that the company's director belongs to SC category does not automatically impose restrictions on transactions involving land from non-SC/ST sources (!) (!) (!) .

  3. The relevant circular issued by the State clarifies that companies or organizations formed by SC/ST persons can engage in transactions with general category individuals concerning khatedari land, but cannot transact with land belonging to SC/ST persons. This circular supports the view that the company's role is permissible when dealing with land originating from non-SC/ST sources (!) (!) .

  4. The court emphasized that the provisions of the Rajasthan Tenancy Act, particularly Sections 42 and 42-B, are designed to protect SC/ST landowners but do not prohibit transactions where the land was originally from the general category. The restrictions do not extend to transactions where the land’s origin is from non-SC/ST sources, even if the company’s director is from SC category (!) (!) .

  5. The court found that the earlier order denying registration was flawed because it misinterpreted the scope of the restrictions, which are meant to prevent transactions involving SC/ST landowners from the SC/ST community, not general category landowners. Therefore, the transaction was deemed valid (!) (!) .

  6. The court directed the registration of the land in the name of the buyer, overriding the previous order, and clarified that the restrictions under Sections 42 and 42-B do not apply to this case since the land originated from a non-SC/ST source (!) .

  7. Overall, the ruling affirms that a company with SC/ST office bearers can engage in land transactions with general category individuals, provided the land was not originally owned by SC/ST persons, and that the transaction aligns with the legislative intent and relevant circulars (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


Table of Content
1. land registration issues concerning sc category (Para 1 , 2 , 3)
2. purchase validity from non-sc seller (Para 4 , 5 , 6)
3. opposition to transaction validity (Para 7 , 8)
4. court's interpretation of tenancy law (Para 9 , 10)
5. order to register land in compliance with law (Para 11)

ORDER :

(Pushpendra Singh Bhati, J.)

The petitioner is a Company registered under Companies Act, 1956 on 25.10.2004. The petitioner-Company purchased an agricultural land situated in village- Gorella, Patwar Khetra- Sisarama, Bhoo Abhilekh Nirakshak Khetra Nai Tehsil- Girwa, District Udaipur (bearing Aarji No. 49 (New) and 24 (Old), Khasra No. 924/724, 926/725, 927/735, 736 total Kita four, ad measuring 0.4100 hectare) vide registered sale deed on 01.3.2005 while making payment of Rs. 5,50,000/-.

2. The petitioner-Company developed the land in question and sold plot No. 18 to one Mayakumari Acharya vide sale letter dated 06.12.2022.

3. The petitioner filed an application before District Collector, Stamp/Addl. Inspector General Registrar, Udaipur (Rajasthan) and requested for registration of plot No. 18 ad measuring about 565 Sq. Feet. The registration was denied on count of annexure/5, v

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