KAMRUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these matters relate to passing of an order under Section 90B(5) of the Rajasthan Land Revenue Act, 1956 (hereinafter to be referred in short as 'the Act of 1956') in the first instance by the SDO (Authorized Officer) Nagar Parishad, Tonk, and thereafter to orders in appeal passed by the Divisional Commissioner Ajmer under Section 90-B(7) of the Act of 1956.

(2.) The facts in S.B. Civil Writ Petition No. 8440/2008 are being taken into consideration for the determination of the dispute/legal issues which arise in the writ petitions.

(3.) It is an admitted fact that the order dated 27th March, 2008 was passed by the SDO (Authorized Officer) Nagar Parishad, Tonk, either without issuing of any notice to the petittioner or without him giving an opportunity of hearing. In the instant case, notice had in the first instance been issued by the Tehsildar to the petitioner under Section 90-A of the Act of 1956. On or about 25th March, 2008, it however, transpired that the land in respect of which notice had been issued to the petitioner under Section 90-A of the Act of 1956 fell outside the jurisdiction of the Tehsildar but within the jurisdiction of Nagar parishad Tonk, consequent to which the Tehsildar finding himself lacking in jurisdiction, forwarded the file to jurisdictional Sub-Divisional Officer, (Authorized Officer), Nagar Parishad, Tonk for proceedings under Section 90-B of the Act of 1956.