Rajasthan High Court - Jaipur
Gulab Bewa Nanga And Ors vs State Of Raj And Ors on 25 October, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.14863/2016
S.B. CIVIL MISC. STAY APPL. NO.13189/2016
1. Gulab Bewa Nanga,
2. Shankar Lal Son of Nanga, minor through mother Gulab,
now major,
3. Rakesh Kumar Son of Nanga, minor through mother Gulab,
now major,
4. Murli Son of nathya Balai,
5. Kaluram son of Narayan,
6. Shrawan Kumar Son of Narayan,
7. Birdi Chand Son of Narayan,
8. Manoj Kumar Son of Narayan,
9. Mu. Gulab Widow Narayan (since deceased), All are by
caste Balai, resident of Bhambhori, tehsil Jaipur.
NON-APPLICANTS/PETITIONERS
VERSUS
1. State of Rajasthan through its Tehsildar, Jaipur
district Jaipur.
APPLICANT/RESPONDENT
2. Lada Devi Widow of Hari Narayan,
3. Dinesh Son of Hari Narayan,
4. Rina Daughter of Hari Narayan, minor through guardian
mother Lada,
All are by caste Balai, resident of Bhambhouri, tehsil
Jaipur.
...Performa Respondents
DATE OF ORDER : : 25th October, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
*******
Shri Nawal Singh Sikarwar for the petitioner.
## 2 This petition has been filed by the petitioners with the grievance that petitioners along with performa respondents are khatedar of land Khasra No. 208, 209, 210, 211/12, 213 and 211/843 total area 10.13 bigha situated at village Bambori, Patwar Halka Machwa, tehsil & District Jaipur. In the year of 1952, the Rajasthan resumption of Jagir Act came in to force and thereafter the Jagir of Jagirdar/Mafidar were resumed and after resumption of Jagir, the ancestral of petitioners were become khatedar tenant of aforesaid land in question and since then petitioners along with the performa respondents are khatedar tenant of the aforesaid land in question. The respondent-Tehsildar made a reference in the year of 2005 to District Collector Jaipur pleading therein that land in question belongs to the land of mandir muafi and in the revenue record the name of the tenants was wrongly mentioned. On the basis of the recommendation made by the Tehsildar, the District Collector registered a case no.51/2005 and vide its order dated 09.01.2006 made the reference to Board of Revenue. The Board of Revenue vide its order dated 21.07.2015 has dismissed the reference made by the District Collector, Jaipur. The aforesaid order was passed by the Board of Revenue in presence of the both 3 the parties. In spite of that petitioners along with other co-tenant had submitted a certified copy of the aforesaid order to respondent, but still respondents did not make compliance of the aforesaid order of Board of Revenue. It is contended that the Government of Rajasthan vide its notification dated 24.05.2007 has settled the controversy. According to aforesaid circular the reference made by the Collector is not maintainable and while considering the aforesaid Circular, the Board of Revenue dismissed the reference made by the district collector Jaipur.
It is contended Larger Bench of this Court also decided the controversy on 15.07.2015 which is reported in RRD 2015 page 556 in case of Tara & 35 ors. Versus State of Rajasthan & Anr. and from bare perusal of the aforesaid judgment of the Rajasthan High Court, no controversy has remained with regard to the land of mandir mafi and petitioners along with the other co- tenant are the khatedars of the aforesaid land in question, but respondents did not make compliance of the judgment passed by the Board of Revenue and not expunge the note of reference which was put by respondent in Jamabandi in compliance of the order aforesaid, whereas in entire district as well as in the State of Rajasthan 4 in compliance of the different judgments of Board of Revenue in same manner, the Tehsildar concerned made the compliance. Thus the act of respondent is against the principal of natural justice as well as violation of Circular dated 24.05.2007. Petitioners also sent a legal notice for demand of justice dated 07.10.2016, but no suitable action has been taken by the respondents.
Having regard to the facts aforesaid, instead of directly entertaining the writ petition, petitioners is set at liberty to approach the Tehsildar, Jaipur district Jaipur who shall consider the grievance of the petitioners and decide the representation by a reasoned and speaking order within two months from the date of approaching him along with copy of this order.
The writ petition is disposed off. Stay application also stands disposed off.
(Mohammad Rafiq),J.
RS/106