Rajasthan High Court - Jodhpur
Dalla vs Divi. Forest Officer Udaipur And Ors on 13 May, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5356/2018
1. Raju S/o Late Mangla
2. Bhura S/o Mangla
3. Inder, Narayan S/o Logar, All By Caste Bheel, R/o Valecha
Road, Village, Dewali Gordhan Vilas, Tehsil Girwa, Distt.
Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 17105/2017
Teka S/o Late Partha, By Caste Bheel, aged about 56 years, R/o
Valecha Road, Village, Dewali Gordhan Vilas, Tehsil Girwa, Distt.
Udaipur.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 4873/2018
1. Dunga S/o Late Thawara, aged about 40 years
2. Dola S/o Late Thawara, aged about 30 years
3. Mohan S/o Late Thawara, aged about 32 years
4. Khuman S/o Late Hakra, aged about 38 years
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5. Smt Narayani W/o Late Hakra, aged about 36 years
6. Banshi Lal S/o Late Bheru Lal, aged about 42 years
7.
Legal Representative Of Amba Lal S/o Late Hukma
7/1. Bhagwan S/o Late Amba Lal, aged about 25 years
7/2. Bheru Lal S/o Late Amba Lal, aged about 28 years
7/3. Doli W/o Late Amba Lal, aged about 24 years
8. Dunga S/o Late Hukma, aged about 40 years
9. Lalu S/o Late Hukma, aged about 41 years
10. Smt. Laxmi Bai W/o Heera, aged about 43 years
All By Caste Bheel, R/o Valecha, Village, Dewali (Gordhan
Vilas), Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 4874/2018
1. Legal Representatives of Rupa S/o Late Rama
1/1. Dita S/o Late Rupa, Caste Bheel, aged about 38 years, R/o
Balicha Road, Village, Dewali (Goverdhan Vilas), Tehsil Girwa, Distt.
Udaipur.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
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----Respondents
S.B. Civil Writ Petition No. 4940/2018
1. Smt. Dhanki Bai W/o Late Venaa, aged about 28 years
2. Hira Lal S/o Late Venaa, aged about 25 years
3. Tilsi Ram S/o Late Venaa, aged about 24 years
All By Caste Bheel, R/o Balicha Road, Village, Dewali
Goverdhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 4941/2018
Laxmi W/o Heera, By Caste Bhil, R/o Village Diwali, Gordhan
Villas, Tehsil Girwa, Dist. Udaipur, Rajasthan.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 4982/2018
1. Legal Representative Of Valla S/o Late Deva
1/1. Shanker S/o Late Valla, aged about 35 years
All by caste Bheel, R/o Balicha Road, Village Dewali
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(Goverdhan Vilas), Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 4984/2018
1. Legal Representative Of Kesu S/o Late Deva
1/1. Chena S/ Late Kesu, aged about 35 years
All by caste Bheel, R/o Balicha Road, Village Dewali
(Goverdhan Vilas), Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 4986/2018
Kesa S/o Late Dola, By Caste Bhil, aged about 65 years, R/o
Village Dewali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
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Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 4988/2018
Kushaal S/o Rama Ji, By Caste Bhil, aged about 64 years, R/o
Village Dewali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 5275/2018
1. Sunder S/o Late Hara, aged about 45 years
2. Lokesh S/o Late Hara, aged about 47 years
3. Laxmi Bai W/o Late Hara, aged about 35 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
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4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5276/2018
Nandu Bai D/o Late Lala, aged about 61 years, by Caste Bhil,
R/o Village Diwali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5277/2018
1. Mangi Lal S/o Late Nanda, aged about 44 years
2. Banshi Lal S/o Late Nanda, aged about 41 years
3. Jamni Bai W/o Late Nanda, aged about 38 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Dist. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5278/2018
1. Rupa S/o Late Chena, aged about 42 years
2. Bhura S/o Late Chena, aged about 39 years
3. Puna S/o Late Chena, aged about 41 years
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4. Gopal S/o Late Chena, aged about 35 years
5. Unkar S/o Late Chena, aged about 37 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5279/2018
1. Legal Representative Of Hukma S/o Late Rama
1/1. Dita S/o Late Rupa, by caste Bheel, aged about 45 years,
R/o Balicha Road, Village Dewali (Goverdhan Vilas), Tehsil Girwa,
Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5280/2018
1. Legal Representative Of Valla S/o Late Ganga
1/1. Dayaram S/o Late Valla, by caste Bheel, aged about 25
years, R/o Balicha Road, Village Dewali (Goverdhan Vilas), Tehsil
Girwa, Distt. Udaipur.
----Petitioners
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Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5282/2018
Rupa S/o Late Chena, aged about 32 years, by caste Bheel, R/o
Balicha Road, Village, Dewali Goverdhan Vilas, Tehsil Girwa,
Distt. Udaipur.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5297/2018
1. Amba Bai W/o Late Gavriya, aged about 25 years
2. Mangi Lal S/o Sundar, aged about 23 years
3. Jagdish S/o Sundar, aged about 27 years
4. Mohan S/o Sundar, aged about 20 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
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3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5358/2018
1. Legal Representative Of Vagta S/o Late Dolla
1/1. Chenaram S/o Late Vagta, aged about 27 years
All by caste Bheel, R/o Balicha Road, Village Dewali
(Goverdhan Vilas), Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5360/2018
1. Khuman S/o Late Hakra, aged about 62 years,
2. Unkar S/o Late Hakra, aged about 35 years
All By Caste Bheel, R/o Balicha Road, Village, Dewali
Goverdhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5362/2018
1. Legal Representative Of Pura S/o Late Roda,
1/1. Chaganlal S/o Late Pura, aged about 35 years
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1/2. Sitaram S/o Late Pura, aged about 31 years
All By Caste Bheel, R/o Balicha Road, Village, Dewali
Goverdhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5364/2018
1. Jita S/o Late Moda, aged about 38 years
2. Legal Representative Of Moti Lal S/o Late Moda
1/1. Prakash S/o Late Moti Lal, aged about 32 years
1/2. Ganga Bai W/o Late Moti Lal, aged about 29 years
All By Caste Bheel, R/o Balicha Road, Village, Dewali
Goverdhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur. Udaipur.
----Respondents
S.B. Civil Writ Petition No. 5365/2018
Dalla S/o Late Shri Uda, By Caste Bhil, aged about 40 years, R/o
Village Diwali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan.
----Petitioner
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Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5367/2018
1. Devi Lal S/o Late Lachha, aged about 40 years
2. Shyam S/o Late Lachha, aged about 38 years
3. Shanta D/o Late Lachha, aged about 32 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 5369/2018
1. Dunga S/o Late Thawra, aged about 37 years
2. Dola S/o Late Thawra, aged about 33 years
3. Mohan S/o Late Thawra, aged about 31 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
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Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5370/2018
Mohan S/o Jalma, By Caste Bhil, aged about 32 years, R/o
Village Dewali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5398/2018
Banshi Lal S/o Late Bheru Lal, By Caste Bhil, aged about 60
years, R/o Village Diwali, Gordhan Villas, Tehsil Girwa, Dist.
Udaipur, Rajasthan.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
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3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5404/2018
1. Hakra S/o Late Kana, aged about 65 years
2. Hamra S/o Late Kana, aged about 45 years
3. Shankar S/o Late Kana, aged about 38 years
4. Chunni Lal S/o Late Kana, aged about 47 years
5. Ganesh S/o Late Kana, aged about 50 years
6. Heerki D/o Late Kana, aged about 46 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Dist. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 5405/2018
Hakra S/o Late Khema, aged about 65 years, By Caste Bhil, R/o
Village Dewali, Gordhan Villas, Tehsil Girwa, Dist. Udaipur,
Rajasthan.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
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S.B. Civil Writ Petition No. 7211/2018
1. Khuman S/o Late Shri Dunga, aged about 52 years
2. Heela Lal S/o Late Shri Dunga, aged about 47 years
3. Paras Ram S/o Late Shri Dunga, aged about 44 years
4. Banshi Lal S/o Late Shri Dunga, aged about 41 years
5. Kalibai W/o Late Shri Dunga, aged about 37 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
Gordhan Vilas, Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
S.B. Civil Writ Petition No. 7214/2018
1. Legal Representative Of Kalu S/o Late Nathu
1/1. Kannibail W/o Late Kalu, aged about 42 years
1/2. Legal Representatives of Ganesh S/o Late Kalu, aged about
52 years
1/2/1. Mohan S/o Ganesh, aged about 39 years, by caste
Bheel, R/o Balicha Road, Village Dewali (Goverdhan Vilas), Tehsil
Girwa, Distt. Udaipur.
----Petitioner
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
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----Respondents
S.B. Civil Writ Petition No. 7215/2018
1. Raju S/o Late Mangla, aged about 48 years
2. Dala S/o Late Uda, aged about 25 years
All By Caste Bheel, R/o Valecha Road, Village, Dewali
(Gordhan Vilas), Tehsil Girwa, Distt. Udaipur.
----Petitioners
Versus
1. Divisional Forest Officer, Forest Department, Chetak
Circle, Udaipur Through The Competent Officer, O/o
Divisional Forest Officer, Madhuban, Chetak Circle,
Udaipur.
2. State Of Rajasthan Through Tehsildar, Girwa, Udaipur.
3. District Collector, Udaipur, Udaipur.
4. Board Of Revenue, Ajmer
----Respondents
For Petitioner(s) : Mr. Girish Joshi
Mr. Govind Suthar
For Respondent(s) : Mr. Sandeep Shah, AAG & Sr. Adv.
Assisted by Abhimanyu Singh for
respondent No.1
Mr. Loonkaran Purohit, GC. for
respondent No. 2 & 5
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 13/05/2022 The present batch of writ petitions arise out of the similar and identical order 17.09.2015 (Annex.6) passed by the Board of Revenue, Ajmer on the revision applications preferred by the petitioners under Section 84 read with Section 9 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act of 1956'), therefore, the present writ petitions are heard and decided by this common order.
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(16 of 19) [CW-5356/2018] For deciding the controversy, the facts of S.B. Civil Writ Petition No. 5356/2018 (Raju & Ors. V/s Divisional Forest Officer & Ors.) are being taken into consideration.
Brief facts which are necessary to be noted in the present case are that the petitioners were allotted lands in the year 1974 under the Rules of Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred to as 'the Rules of 1970') and since then the petitioners are in possession of those lands. After the lands were allotted, the proceedings under Section 90B for conversion of the land was undertaken by the UIT, Udaipur and the conversion orders were passed in the year 2007. Against the conversion orders, the respondent No.1 preferred appeal before the Divisional Commissioner and the same was dismissed. The appeal preferred by the respondent No.1 was further challenged by way of filing revision petitions before the Board of Revenue. The Board of Revenue also dismissed the revision petitions preferred by the Forest Department-respondent No.1. Against the orders passed by the Board of Revenue and the Divisional Commissioner, the Forest Department preferred the writ petitions before this Court and same were rejected by this Court by order dated 13.05.2022.
During the pendency of these proceedings, the petitioners were served with a notice under Rule 14(4) of the Rules of 1970. The petitioners by way of filing reply submitted preliminary objections in the matter. The District Collector vide order dated 09.03.2015 rejected the preliminary submi55ssions made by the petitioners and ordered that the controversy in the present case will be decided after hearing the respondents and evaluating the documents and evidence brought on record. Aggrieved by the (Downloaded on 17/05/2022 at 08:40:55 PM) (17 of 19) [CW-5356/2018] order dated 09.03.2015, the petitioners preferred revision petitions before the Board of Revenue and the Board of Revenue vide its order dated 17.09.2015 allowed the revision petitions of the petitioners and remanded the matter back to Collector with a direction to decide the preliminary objections submitted by the petitioners in the light of the observations made by the Board of Revenue in its order dated 17.09.2015.
Aggrieved by the order dated 17.09.2015, the petitioners have preferred the present writ petitions to the extent of order of remand made by the Board of Revenue.
Shri Girish Joshi, learned counsel for the petitioners vehemently submitted that once the finding of fact has been recorded by the Board of Revenue in the earlier litigation, there was no occasion for remanding the matter back to the Collector for deciding the matter afresh. Learned counsel further submits that the facts in the present case have been proved beyond doubt by placing the cogent evidence before the First Appellate Court in the earlier litigation which were affirmed by the Board of Revenue in revision and against which, the writ petitions preferred by the Forest Department before this Court were rejected and therefore, no useful purpose will be served if the parties are relegated back to the Collector for deciding the application preferred by the Forest Department under Rule 14(4) of the Rules of 1970. Learned counsel for the petitioners anticipates that the parties will be entangled in the unnecessary litigation. He therefore, prays that the writ petitions may be allowed and the order of remand passed by the Board of Revenue dated 17.09.2015 may be quashed and set aside and the proceedings pending before the Collector under Rule 14(4) of the Rules of 1970 may also be directed to be closed. (Downloaded on 17/05/2022 at 08:40:55 PM)
(18 of 19) [CW-5356/2018] Per contra, Mr. Sandeep Shah, learned AAG & learned Senior Counsel assisted by Mr. Abhimanyu Singh and Mr. L.K. Purohit, learned GC appearing for the respondents submit that the adjudication on the application preferred by the respondent No.1 is yet to take place before the Collector and, therefore, the learned Board of Revenue rightly remanded the matter for deciding the application preferred by the respondents under Rule 14(4) of the Rules after giving reasonable opportunity of hearing to all the concerned parties. They submit that the remand order passed by the Board of Revenue is just and proper and prays that the writ petitions preferred by the petitioners may be dismissed.
I have considered the submissions made at the Bar and gone through the order dated 17.09.2015 passed by the Board of Revenue as well as the relevant record of the case.
The facts with respect to the litigation between the parties mentioned in the submissions of both the parties are not disputed. The pendency of the applications under Rule 14(4) of the Rules of 1970 preferred by the respondent No.1 before Collector are yet to be adjudicated. The petitioners have already preferred the reply along with preliminary objections before the Collector, Udaipur but the Collector has not agreed with the preliminary objections submitted by the petitioner on the maintainability of the proceedings under Rule 14(4) and passed the order dated 09.03.2015. The petitioners have assailed the validity of the order dated 09.03.2015 before the Board of Revenue and the Board of Revenue by an order after detailed discussion remanded the matter back to the Collector to decide the preliminary objections of the petitioners in accordance with law taking into consideration the observations made by the Board of Revenue in its order dated (Downloaded on 17/05/2022 at 08:40:55 PM) (19 of 19) [CW-5356/2018] 17.09.2015. This Court, therefore, feels that the petitioners' case will not be prejudiced if they appear before the Collector, Udaipur and submit the entire factual matrix of the matter for deciding their preliminary objections on the maintainability of the proceedings undertaken under Rule 14(4) of the Rules of 1970.
Needless to say that the petitioners will be free to argue the preliminary objections on all the points including the facts taken into consideration in the earlier litigation which have been affirmed by this Court while deciding the writ petitions vide its order dated 13.05.2022 in S.B. Civil Writ Petition No. 10774/2015 (Forest Department vs. Kanna & Ors.).
In view of the discussions made above, the order dated 17.09.2015 passed by the Board of Revenue does not warrant any interference by this Court.
The writ petitions are accordingly dismissed. Stay application and all other pending applications, if any, shall stand dismissed.
(VINIT KUMAR MATHUR),J 3-Praveen/KashishS/-
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