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2026 Supreme(Online)(Raj) 19078
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sanjeev Prakash Sharma, ACJ, Bipin Gupta, J
Sanskar Land Developers Pvt. Ltd. – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Special Appeal (Writ) No. 631/2025|S.B. Civil Writ Petition No.4760/2020
Important Points
Subject
Revenue Law - Land Alienation and Tenancy
Act Referred
Headnote
(B) Commissions of Inquiry Act, 1952 - Findings of fact-finding commissions - Evidentiary value - Findings of such commissions are not enforceable proprio vigore and do not constitute substantive evidence before a court of law.
(C) Principles of Res Judicata and Finality of Litigation - Once a legal issue has been finally adjudicated by a competent court and the order has attained finality, the same cannot be re-agitated or reopened through indirect means or subsequent administrative inquiries. (Paras 28, 29, 30, 31, 33)
Facts of the case:
A piece of agricultural land historically belonging to members of a protected community was transferred to a person of the general category in the year 1961. The state initiated proceedings for ejectment under the Tenancy Act in 1977, which resulted in the dismissal of the claim due to the bar of limitation. The order attained finality as it was not challenged. Decades later, based on the findings of a fact-finding commission, the state sought a reference through the Revenue Board to challenge those transactions again. This attempt was rejected by the Board of Revenue due to an inordinate delay of 34 years. A single judge of the High Court, however, remanded the matter for fresh adjudication. The appellant challenged this remand order.
Findings of Court:
The court held that the findings of a commission of inquiry are not binding upon courts and cannot be used as a substitute for judicial adjudication or to circumvent an order that has reached finality. The state cannot use a circuitous route or commission report to re-agitate an issue that was already decided against it by a competent court decades ago.
Issues: Whether the state can initiate fresh reference proceedings based on a report from a fact-finding commission to challenge land transfers that have already been adjudicated upon and attained finality decades earlier, and whether the principle of limitation applies to such stale claims.
Ratio Decidendi: Finality is essential to the judicial process. Once an issue, whether of fact or law, has been decided between parties and the decision has reached finality through the lapse of the appellate period, the matter is barred by the principles of res judicata. Administrative fact-finding reports do not provide an independent cause of action to reopen judicially settled matters, nor can statutory powers be exercised after an unreasonable delay. (Para 31, 33)
Result: Appeal allowed. Judgment of the single judge set aside. Order of the Board of Revenue restored.
For the Appellants/Petitioners: S.S. Hora, Aatish Jain
For the Respondents: G.S. Gill, Shikha Sharma
| Table of Content |
|---|
| 1. historical transactional background and procedural chronology of the land dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. inordinate delay and laches bar reopening of settled revenue matters. (Para 14 , 15 , 16 , 17 , 18) |
| 3. transactions void ab initio under section 42 are never barred by limitation. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 4. res judicata and finality of orders prevent re-litigation via external commissions. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. unnecessary remand generates litigation; land conversion overrides previous agricultural status. (Para 35 , 36 , 37 , 38 , 39 , 40) |
Judgment
Date of conclusion of arguments : 08/05/2026
Date on which judgment was reserved : 08/05/2026
Whether the full judgment or only the operative part is pronounced : Full Judgment
Date of pronouncement : 09/06/2026
(Per Hon’ble the Acting Chief Justice)
Factual matrix of the case:-
1. The present special appeal (writ) has been filed challenging the order dated 30.04.2025 passed by the learned Single Judge whereby, the writ petition filed by the Respondent No. 1 was disposed of and the order dated 03.05.2019 passed by the Board of Revenue, Ajmer (Rajasthan) was quashed and the matter was remitted for fresh adjudication.
2. The brief facts of the case are that the land marked as Khasra No.37 admeasuring 10 Bigha 4 Biswa, Khasra No.42 admeasuring 13 Bigha 1 Biswa, Khasra No.34/480 admeasuring 1 Bigha 10 Biswa and Khasra No.115 admeasuring 7 Bigha 15 Biswa, total admeasuring 32 Bigha 10 Biswa, situated at Village Meenawala, Tehsil Jaipur, was originally held by Bhagwan son of Doola, Ramchandra son of Shyobax, Laduram son of Ganesh, Chanda son of Laxman and Bhorya son of Chanda, all belonging to Meena community, which has been notified as Scheduled Tribe. The aforesaid khatedars alienated the land in favour of Prabhu Narayan Bagra son of Ganesh Narayan, Resident of Sirsi, Tehsil Jaipur, belonging to General Category, by way of a sale deed executed on 17.07.1961, which subsequently came to be registered on 12.09.1961. Consequent upon the aforesaid transactions, Mutation Nos.14 and 15 were opened in the name of Prabhu Narayan Bagra on 21.08.1963 in the revenue record and since thereafter, the said land has always been recorded in the khatedari of Non – ST Category individuals.
3. Further, after acquisition of khatedari rights, Prabhu Narayan Bagra transferred the aforesaid land in favour of Shri Krishan Gopal Rungta through a registered sale deed dated 04.12.1961.
4. On 19.04.1974, State Government acquired land bearing Khasra No.115 admeasuring 7 Bigha 15 Biswa. Another Khasra No.42/481 was also acquired for RIICO (hereinafter referred to as ‘RIICO’) and both were mutated vide Mutation No.77 on 03.09.1977 in the name of RIICO.
5. Thereafter, the State of Rajasthan through Tehsildar initiated proceedings under Section 175 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to ‘the Act of 1955’) alleging that the aforesaid transfers were in contravention of Section 42 of the Act of 1955 thereby seeking ejectment for illegal transfer of the land. The said proceedings were registered as Case No.120/1977 titled as State of Rajasthan versus Prabhu Narayan.
6. Upon consideration of the matter, the competent revenue court, vide order dated 28.03.1978, dismissed the proceedings instituted by the State on account of limitation, which was at that time 12 years in espousing the said cause of action.
7. The order dated 28.03.1978 passed in Case No.120/1977 was not assailed by the State Government or any of its authorities/instrumentalities and consequently, the said order thus attained finality.
8. Subsequently, after a delay of nearly seventeen years, respondent No.1–State through the Collector (Revenue), Jaipur moved an application in the year 1995 under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘the Act of 1956’) seeking reference of the matter to the Board
