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Babu Singh vs State Of Rajasthan And Ors. on 19 July, 2001

The learned Single Judge, by the judgment and order impugned in the instant appeal, negated the impugnment, inter alia, on the ground that the adjudication made by the Board culminating in the judgment and order 20.06.1974, had remained unassailed and in that view of the matter as it was the failure of the concerned authorities to act in compliance thereof, it was permissible for the Board, in exercise of its power of superintendence under Section 9 of the Act 1956, to issue the directions, as contained in its order dated 04.11.2011. Vis-a-vis the submission made that even assuming that the sale of the land involved in the face of Section 42 of the Act 1955 was void, in absence of any proceeding being initiated for recovery of the possession thereof within 12 years by the respondent Nos.3 to 5, the relief of restoration of possession was barred in law, the learned Single Judge concluded that the application under Section 9 of the Act 1956 having been filed to enforce compliance of the judgment and order dated 20.06.1974, such plea was untenable. The decision of this Court rendered in Babu Singh Vs. State of Rajasthan and others, AIR 2002 Rajasthan 92, was distinguished on this line of reasoning.
Rajasthan High Court - Jaipur Cites 3 - Cited by 5 - H R Panwar - Full Document
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