SUNDAR Vs. SULAKSHANA DEVI

JUDGEMENT

(1.) The petitioner, who is a member of Scheduled Caste, has filed this writ petition stating therein that he purchased two parcels of land comprising of Khasra No.335/0.23 hectare and Khasra No.336/0.27 hectare vide registered sale deed dated 27.12.2010 from the respondent No.1, also a member of Scheduled Caste. Thereafter, he filed a suit under Sections 88, 89 and 188 Rajasthan Tenancy Act, 1955 which came to be decided by the Court of Sub-Divisional Officer, Kaman, District Bharatpur vide judgment and decree dated 30.06.2015 (Annexure-1). He submitted that the first appeal preferred by the respondent No.1 against the judgment and decree dated 30.06.2015 was allowed by the Revenue Appellate Authority, Bharatpur vide judgment dated 25.09.2017 (Annexure-2) relying on the clarification circular dated 11.02.2019 issued by the Government of Rajasthan in the Department of Revenue. He averred that the second appeal preferred by him was dismissed by the Board of Revenue Ajmer, Rajasthan vide judgment dated 07.11.2019 (Annexure-3).

(2.) Assailing the judgment as well as the clarification circular/letter dated 11.02.2009, learned counsel for the petitioner contended that Section 42-B of the Rajasthan Tenancy Act, 1955 (for short, 'The Act of 1955') puts no bar on purchase of the property by a member of Scheduled Caste not resident of Rajasthan. He contended that by way of administrative order, the statutory provisions cannot be altered/amended. He, therefore, prays for quashing the impugned judgment and decree dated 07.11.2019 passed by Board of Revenue Ajmer, Rajasthan as well as for a direction to the respondents to enter the mutation of the land in question in his favour.

(3.) Per contra, Mr. Kuldeep Sharma, learned counsel for Mr. Akshay Sharma, learned Additional Government Counsel, submitted that vide clarification circular/letter dated 11.02.2009, keeping in view the interest of the residents of Rajasthan, it was decided to restrain the persons not residents of Rajasthan from purchasing the land belonging to the members of Scheduled Castes/Scheduled Tribes.