STATE OF RAJASTHAN Vs. CLASSIC MERCHANTS PVT LTD

JUDGEMENT

(1.) These two intra-court appeals, preferred against the same order dated 03.03.2008 as passed by the learned Single Judge of this Court in CWP No. 5444/2005, have been considered together; and are taken up disposal by this common judgment.

(2.) The writ petition aforesaid was filed by the respondent M/s Classic Merchants Pvt. Ltd. (the writ petitioner) questioning the show cause notices (Annexures 14 & 15) issued by the Collector, Udaipur in the proceedings for reference initiated under Section 82 of the Rajasthan Land Revenue Act, 1956 (the Act of 1956) in Reference Application Nos. 2/2005 and 3/2005; and seeking declaration that the application for sub-division of the land in question as made to the Urban Improvement Trust, Udaipur (UIT) was deemed to be granted or in the alternative, for direction to the UIT to decide the same forthwith. By the impugned order dated 03.03.2008, the learned Single Judge has allowed the writ petition while holding that initiation of proceedings under Section 82 of the Act of 1956 and issuance of notices by the District Collector, Udaipur had been wholly without jurisdiction; and has directed the UIT to proceed with and decide the writ petitioner's application for sub-division of the land in question.

(3.) Shorn of unnecessary details, the relevant facts and background aspects of the matter are that by way of the reference applications dated 17.06.2005, the Tehsildar, Girwa made the request to the Collector, Udaipur to make reference to the Board of Revenue for setting aside certain mutation entries dated 08.01.2003, 18.07.2003, 17.08.2004 and 22.09.2004, particularly those relating to the land in question, comprised in Khasra Nos. 118 and 188 of village Goverdhan Vilas, Udaipur admeasuring about 79.7100 hectares, essentially on the ground that such mutation entries in alteration of the revenue record had been effected without orders from the competent authority.