[2026:RJ-JD:7328-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 287/2021 Balu Ram S/o Shri Goru Ram, Aged About 77 Years, B/c Jat, R/o Village Sandan, Tehsil Sujangarh, District Churu (Rajasthan)

----Appellant Versus

1. Board Of Revenue, Ajmer, Through Its Registrar.

2. Tehsildar (Revenue), Sujangarh, District Churu.

3. Manju Kanwar W/o Narendra Singh, B/c Rajput, R/o Khudi Tehsil Sujangarh, District Churu (Raj.)

4. Udaibhan Singh S/o Narendra Singh, B/c Rajput, R/o Khudi Tehsil Sujangarh, District Churu (Raj.)

5. Ranjit Singh S/o Narendra Singh, B/c Rajput, R/o Khudi Tehsil Sujangarh, District Churu (Raj.)

6. Shakti D/o Narendra Singh, B/c Rajput, R/o Khudi Tehsil Sujangarh, District Churu (Raj.)

----Respondents For Appellant(s) : Mr. Moti Singh For Respondent(s) : Mr. Narendra Singh Rajpurohit, AAG assisted by Mr. Sher Singh Rathore Ms. Aditi Sharma HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Judgment

BY THE COURT: (PER HON’BLE MR. JUSTICE VINIT KUMAR MATHUR)

1. The present appeal has been filed against the order dated 06.04.2021 passed by the learned Single Bench, whereby the writ petition being S.B. Civil Writ Petition No.3539/2014 preferred by the appellant-petitioner has been dismissed.

2. Brief facts of present special appeal is that the dispute pertains to land originally recorded in Jamabandi of Samwat 2002 as “Johad Refayaam” comprising of Khasra No.257 admeasuring 17 Bighas situated at village Khudi, Tehsil Sujangarh, churu. During subsequent revenue entries, the land was shown as “Refayaam” in Samwat 2010. After settlement operations in Samwat 2028, the old khasara Number was re-numbered as New Khasra Nos.553, 561 and 562, admeasuring 5 Bigha, 1.5 Bigha and 10 Bigha respectively, total measuring 16.5 Bighas, and was recorded in the name of one Narendra Singh S/o Devi Singh, Jagirdar of village Khudi, Tehsil Sujangarh.

3. Narendra Singh, thereafter, executed a registered sale deed in favour of the appellant–petitioner Balu Ram. In the year 2006, the Tehsildar, Sujangarh filed a reference application invoking the provisions of Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as “the Act”) before the learned Additional Collector, Churu contending that the land being a “Johad Refayaam”, the khatedari entry in favour of Narendra Singh and consequential sale in favour of the petitioner were illegal, and the land ought to be recorded as Johad.

4. The Additional Collector, Churu, proceeded ex parte against the appellant and vide order dated 30.03.2007 accepted the reference application preferred by Tehsildar and forwarded it to the Board of Revenue. The Board of Revenue, Ajmer, after registering Reference No. LR/4234/2007 and hearing the both the parties, vide order dated 13.02.2014 directed for cancellation of the appellant-petitioner’s khatedari rights and ordered that the land in question be recorded as “Gair Mumkin Johad”.

5. Aggrieved thereby, the petitioner preferred Writ Petition being SBCWP No.3539/2014 before this Court challenging both the aforesaid orders. The learned Single Judge, after considering the pleadings and submissions of the parties, dismissed the writ petition vide order dated 06.04.2021, holding that the orders passed by the revenue authorities did not suffer from any illegality and the land in question is undisputedly a “Johad Refayaam” land, which is barred to be allotted or owned by anyone.

6. Hence, the present Special Appeal has been filed against the order dated 06.04.2021 passed by the learned Single Judge, whereby Writ Petition No.3539/2014 filed by the appellant– petitioner Balu Ram was dismissed, affirming the orders dated 30.03.2007 passed by the learned Additional Collector, Churu and 13.02.2014 passed by the Board of Revenue, Ajmer.

Submissions on behalf of learned counsel for appellant-

petitioner

7. Learned counsel for the appellant- petitioner submitted that the appellant-petitioner is a bonafide purchase