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VIJAY BISHNOI, RAJENDRA PRAKASH SONI
Shokat Ali – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
This intra-court appeal has been filed by the appellant being aggrieved with the order dated 13.10.2023 passed by the learned Single Judge in S.B. Civil Writ Petition No. 13703/2020 whereby, the writ petition has been dismissed.
2. In the writ petition, the appellant-writ petitioner has challenged the orders passed by the Board of Revenue dated 03.12.2020, Revenue Appellate Authority dated 26.11.2019 and the order dated 13.06.2017 passed by the Sub Divisional Officer.
3. Briefly stated the facts of the case are that the appellant-plaintiffs have preferred a revenue suit under Sections 88 & 92 "A" of the Rajasthan Tenancy Act, 1955 before the Sub Divisional Officer, Sardarshahar for declaration and permanent injunction with a prayer to declare them as khatedars of 50 bighas & 6 biswas of land in khasra No. 100 of village Sardarshahar while claiming that in the Svt. Year 2012 when the Rajasthan Tenancy Act, 1955 came into force, their forefathers were the cultivators over the land in question and, therefore, by virtue of Section 15 of the Rajasthan Tenancy Act, 1955, they became the khatedars of the land in question.
4. The Sub Divisional Officer has dismissed the said suit filed
The court upheld the dismissal of the appellant's claim for khatedari rights due to insufficient evidence, distinguishing the case from a prior Supreme Court ruling based on differing facts.
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
Adverse possession cannot be claimed by a General Caste individual over land owned by a Scheduled Tribe individual, as per Section 42 of the Rajasthan Tenancy Act.
Point of Law : Proceedings initiated under Section 175 of Rajasthan Tenancy Act, 1955 were justified and learned Board of Revenue, after duly taking into consideration facts and circumstances of case....
The central legal point established in the judgment is the importance of not substituting the court's own conclusions for those reached by the lower courts, especially when there are concurrent findi....
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