HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 5108/2020

Balu Ram S/o Shri Goru Ram, Aged About 76 Years, B/c Jat, R/o

Village Sandan, Tehsil Sujangarh, District Churu (Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Government Of Rajasthan, Jaipur.

2.

District Collector, Churu.

3.

Tehsildar (Revenue), Sujangarh, District Churu.

----Respondents

Connected With

S.B. Civil Writ Petition No. 3539/2014

Balu Ram

----Petitioner

Versus

Board Of Revenue Ajmer And Ors

----Respondent

For Petitioner(s)

:

Mr. Moti Singh

For Respondent(s)

:

Mr. Ram Dayal Choudhary, Dy.Govt.

Counsel

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reportable

Reserved on 23/03/2021

Pronounced on 06/04/2021

1.

In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

2.

Learned counsel for the parties have jointly pleaded for final

disposal of these petitions at this stage. Accordingly, the matters

were heard finally at this stage itself.

3.

These writ petitions under Article 226 of the Constitution of

India have been preferred claiming the following reliefs:

(2 of 15)

[CW-5108/2020]

S.B. Civil Writ Petition No. 5108/2020:

“1. By an appropriate writ, order or direction may issued

and, quash the Order dated 24.08.2018 (Annexure-4)

passed by learned Tehsildar, Sujangarh and the order

dated 03.01.2020 (Annexure-7) passed by the Sub

Tehsildar, Salasar, may also quashed and set aside.

2. Any other appropriate writ, order or direction, which this

Hon’ble Court may deem it just and proper in the facts and

circumstances of the case may kindly be issued.

3. Costs of this writ petition may kindly be may kindly be

awarded in favour of the petitioner.”

S.B. Civil Writ Petition No. 3539/2014

“1. Court may be pleased to issue appropriate writ, order

or direction, quash the order dated 13.02.2014 (Annexure-

3) passed by learned learned Board of Revenue, Ajmer in

Reference Number 4234/2007 Churu may kindly be

quashed and set aside.

2. By an appropriate writ, order, direction, the application

u/s 82 of the L.R. Act dated 14.06.2006 preferred by

Tehsildar (Annexure 1) may kindly be dismissed.

3. Any other writ, direction or order necessary for ends of

justice be issued.

4. Cost of writ petition be awarded.”

4.

At the outset, learned counsel for the petitioner submitted

that during pendency of the above-numbered WP No.3539/2014,

the Tehsildar, Sujangarh, District Churu passed an order dated

24.08.2018 and directed to dispossess the petitioner from the land

in question and also initiated the proceeding against him, followed

by an order dated 03.01.2020 in regard to ejectment of the

petitioner from the land in question, and therefore, another

above-numbered WP No.5108/2020 has also been preferred by

the same petitioner-Balu Ram s/o Shri Goru Ram.

5.

Learned counsel for the petitioner thereafter, submitted that

the petitioner is a khatedar cultivator of the land in khasra

Nos.553 (Rakba 05 bigha), 561 (Rakba 01 bigha 05 biswa), and

562 (Rakba 10 bighas) – total 16 bigha 05 biswa - situated at

Village Khudi, Tehsil Sujangarh, District Churu.

(3 of 15)

[CW-5108/2020]

6.

Learned counsel for the petitioner further submitted that the

land in question was purchased by the petitioner through a

registered sale deed dated 14.06.1976 from one Narendra Singh

s/o Shri Devi Singh, the erstwhile khatedar of the land.

7.

Learned counsel for the petitioner also submitted that the

controversy arose when Tehsildar, Sujangarh, District Churu filed a

reference application under Section 82 of the Rajasthan Land

Revenue Act, 1956 before the District Collector, Churu, requesting

to send the reference to the learned Board of Revenue, Rajasthan,

Ajmer, on the ground that the land in question belonged to Gair

Mumkin Johad, at the time of settlement. The Tehsildar, Sujangarh

a