CIVIL WRIT (CW) No. 10435 of 2016

AMI CHAND & ANR. – VS – BOARD OF REVENUE, AJMER & ORS.

1 / 4

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

--------------------------------------------------------

CIVIL WRIT (CW) No. 10435 of 2016

PETITIONERS:

1.

Ami Chand

2.

Shree Chand

Both S/o Shri Mahadev Ram, By caste Jat,

Resident of 6-SHPD, Tehsil Suratgarh, District Sri

Ganganagar (Rajasthan).

VERSUS

RESPONDENTS:

1.

The Board of Revenue for Rajasthan at Ajmer.

2.

Rajasthan Revenue Appellate Authority, Sri

Ganganagar.

3.

The Assistant Collector & Sub Divisional Officer,

Suratgarh, District Sri Ganganagar (Rajasthan).

4.

The Tehsildar (Revenue), Suratgarh, District Sri

Ganganagar (Rajasthan)

5.

Tejpal Singh S/o Shri Mahadev Ram, By caste Jat,

R/o 6-SHPD, Tehsil Suratgarh, District Sri

Ganganagar (Rajasthan)

CIVIL WRIT (CW) No. 10435 of 2016

AMI CHAND & ANR. – VS – BOARD OF REVENUE, AJMER & ORS.

2 / 4

Date of Order : 15.9.2016

HON'BLE MR. VIJAY BISHNOI, J.

Mr. Dron Kaushik, for the petitioner.

ORDER

-----

This writ petition under Article 227 of the

Constitution of India has been filed by the petitioners

being aggrieved with the order dated 29.06.2016

passed by the Board of Revenue for Rajasthan, Ajmer

whereby, the second appeal preferred by the

petitioners under Section 224 of the Rajasthan Tenency

Act, 1955 has been dismissed.

The petitioners have filed the said second appeal

being aggrieved with the order dated 02.06.2016

passed by the Revenue Appellate Authority, Sri

Ganganagar as well as the order dated 29.02.2016

passed by the Assistant Collector - cum - Sub Divisional

Officer, Suratgarh, District Sri Ganganagar.

The Assistant Collector - cum - Sub Divisional

Officer has passed a preliminary decree in revenue suit

for partition preferred on behalf of the respondent No.5

and directed the Tehsidar to prepare proposal for

partition. The said order passed by the Assistant

Collector - cum - Sub Divisional Officer was challenged

by the petitioner before the Revenue Appellate

Authority by way of first appeal. The Revenue Appellate

Authority vide order dated 02.06.2016 dismissed the

said first appeal.

CIVIL WRIT (CW) No. 10435 of 2016

AMI CHAND & ANR. – VS – BOARD OF REVENUE, AJMER & ORS.

3 / 4

Learned counsel for the petitioners has argued

that as a matter of fact, the Assistant Collector - cum -

Sub Divisional Officer has directed the Tehsildar

concerned to prepare the proposal of partition of the

land in question on the basis of good out of good land

and bad out of bad land, whereas the petitioners are in

possession of specific land and, therefore, direction

should be issued to the Tehsildar concerned to prepare

a proposal for partition on the basis of possession of

the parties. Learned counsel for the petitioners has

submitted that both the appellate authorities have not

taken into consideration this aspect of the matter and

had illegally rejected the appeal filed by the petitioners.

Heard learned counsel for the petitioners and

perused the impugned orders.

The Board of Revenue in its order dated

29.06.2016 has specifically observed that the Tehsildar

concerned is bound to make proposal for partition as

per the provisions mentioned in Rules 18 to 21 of the

Rajasthan Tenency (Board of Revenue) Rules, 1955. It

is also observed that in the said Rules, it is provided

that proposal for partition be prepared on the basis of

the possession of the parties as far as possible. It is

further observed by the Board of Revenue that the

petitioners are free to submit their claim before the

Tehsildar concerned at the time of preparation of the

proposal for partition. After observing this the Board of

Revenue has dismissed the second appeal filed by the

petitioners.

Having considered the observations made by the

CIVIL WRIT (CW) No. 10435 of 2016

AMI CHAND & ANR. – VS – BOARD OF REVENUE, AJMER & ORS.