ALLARAKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having heard the learned counsel for the petitioner and having perused the material placed on record, this Court is satisfied not only about the total baselessness of this writ petition but also of the otherwise intent of the petitioner that he seeks to avoid the consideration of matter on merits in the reference pending before the Board of Revenue for Rajasthan at Ajmer ('the Board'/'the Board of Revenue').

(2.) The relevant background aspects of the matter are that by a common order dated 12.03.2003 (Annex.2) as passed in Reference Case No.371/1992 and Reference Case No.435/1992, the Collector and Deputy Commissioner Colonisation, Bikaner, prima facie, found the orders as made by the Assistant Commissioner Colonisation, Kolayat in the two revenue suits, respectively on 25.05.1979 and 24.11.1983, illegal and contrary to the record. The matter relating to the present petitioner Allarakha was considered in Reference Case No.435/1992. It was, inter alia, observed in the said order dated 12.03.2003 (Annex.2) that there had not been any documentary evidence relating to ownership of the land in question; that incongruous statements were made in the two suits by Rahim Khan (the non-applicant in other Reference Case No.371/1992); that it was unjustified to declare Gair Khatedari rights though not envisaged by the Rajasthan Tenancy Act, 1955 ('the Act of 1955') and the Colonisation Act, 1954; and that the statements on record were neither of identification of any specific land nor of the proof of any relevant record.

(3.) It appears that, after drawing the said order dated 12.03.2003, the reference was sent to the Board of Revenue through post and in relation to the present petitioner Allarakha, the same was ordered to be registered by the Board on 02.05.2003. As the Government Counsel was appearing for the State, notices were issued to the present petitioner in the reference case so registered in the Board, being Reference Case No. TA/2142/2003/Bikaner.