HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. CIVIL WRIT PETITION NO. 2115 / 2000

Smt. Keshar Bai wife of late Shri Shubhkaranji By Caste Charan

Resident of Post and Village Marwar Mathania Tehsil Osian District

Jodhpur (Rajasthan)

………..Petitioner

VERSUS

1.

The Additional Collector cum District Magistrate-II, Jodhpur

(Rajasthan)

2.

Shri Nishar Ahmed son of Shakoor Ahmad By Caste Lohar

Resident of Post and Village Marwar Mathania Tehsil Osian

District Jodhpur (Rajasthan)

3.

The Gram Panchayat, Marwar Mathania Tehsil Osian District

Jodhpur through its Sarpanch

4.

Shri Bhawani Singh Son of late Shri Subhkaranji By Caste

Charan Resident of Post and Village Marwar Mathania Tehsil

Osian District Jodhpur (Rajasthan)

………….Respondents

____________________________________________________

Counsel For Petitioner(s) : Mr. C.V.S. Shekhawat

Counsel For Respondent(s) : None present

_____________________________________________________

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/10/2017

This writ petition has been filed on behalf of the petitioner

being aggrieved with the orders dated 31.7.1999 and 19.4.2000

passed by the Addl. District Collector & Addl. District Magistrate,

Second Jodhpur (for short ‘the revisional authority’).

Vide order dated 31.7.1999, the revisional authority has

accepted the revision petition filed by the respondent No.2 Nishar

(2 of 4)

Ahmed under Rule 272 of the Rajasthan Panchayat & General

Rules 1961 read with Section 27-A of the Rajasthan Panchayat

Act, 1953 and has cancelled the patta No.70 dated 8.11.88 issued

in favour of the husband of the petitioner.

Vide order dated 19.4.2000, the revisional authority has

rejected the review petition filed by the petitioner seeking review

of the order dated 31.7.1999.

The only ground pressed by the petitioner is that the

revisional authority has passed the order dated 31.7.1999 against

a dead person as Shubhkaran, husband of the petitioner was not

alive on the day when the order dated 31.7.1999 was passed. It is

contended that though the revisional authority in its order dated

31.7.1999 has taken into consideration this fact that Shubhkaran

has already died but without bringing his legal representatives on

record, he proceeded to decide the revision petition while

observing that since son of Shubhkaran namely Bhawani Singh is

already a party respondent and, as such, the case of Shubhkaran

has sufficiently been represented and there is no need to bring the

other legal representatives of Shubhkaran on record.

Learned counsel for the petitioner has submitted that even

though if son of late Shubhkaran was also a respondent before the

revisional authority, it is the duty of the revisional authority to

bring the other legal representatives of late Shubhkaran on record

as the petitioner is also having a right in the property of late

Shubhkaran.

This Court while admitting the writ petition on 24.7.2000 has

passed the following order :-

(3 of 4)

“This petition is filed by Smt. Keshar Bai widow of

Shri Shubhkaranji, in whose favour patta was

allotted by the Gram Panchayat way back in 1981,

against which the private respondent no.2 – Nisar

Ahmed filed a revision petition no.5/99 after a lapse

of about 18 years before the Addl. Collector, Jodhpur

which was accepted by the Addl. Collector, Jodhpur

vide order dated 31.7.99. Against that order, review

petition was filed by the present petitioner on the

ground that her husband Shubhkaran – respondent

No.1 in appeal before him expired during the

pendency and final disposal of appeal and without

bringing his legal representatives i.e. herself the

appeal was allowed. Such an order against the dead

person is nullity. However, the review petition was

rejected by the Addl. Collector on the ground that

she had to make an application for becoming party

in appeal on the death of her husband. No order can

be passed against a dead person, therefore, on the

fact