LAWS(RAJ)-2023-5-250

NIRMALA POONGLIA Vs. JAIPUR DEVELOPMENT AUTHORITY

Decided On May 11, 2023
Nirmala Poonglia Appellant
V/S
JAIPUR DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Since all these writ petitions involve a similar / identical issue and therefore, all were tagged, heard and decided by the common order.

(2.) These writ petitions have been filed by the petitioners assailing the separate orders passed by the Board of Revenue, Rajasthan, Ajmer, (for short 'the Board of Revenue') in the revision petitions filed by respondent No.3- Binder Pal Singh Yadav, whereby the Board of Revenue allowed the revision petitions and set aside the orders passed by the Divisional Commissioner, Zone-7, JDA, Jaipur and also the orders dtd. 2/8/2016, 3/8/2016 and 28/7/2016 passed by the Authorized Officer under Sec. 90A of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956'). The details of the orders under consideration in each writ petition are given in tabulation form as under:- <IMG>JUDGEMENT_250_LAWS(RAJ)5_2023_1.jpg</IMG>

(3.) Since all the writ petitions are based on similar and to some extent identical facts and thus for brevity the facts of CWP No.5258/2018 are being mentioned here for consideration. The facts borne out from the pleadings are that land bearing Khasra No.179 measuring 17 bigha and 5 biswa situated in Beedkhatipura, Jaipur, was recorded in the name of Shikar Chand Poonglia and Rikhab Chand Poonglia. A partition took place amongst the legal representatives of aforesaid khatedars on 24/7/2013 whereby Khasra No.179/1 measuring 8 bigha and 13 biswa was the share of Nirmala Poonglia and Shrish Poonglia, who are legal representatives of Shikar Chand Poonglia and Khasra No.179/2 measuring 8 bigha and 12 biswa was the share of Ratan Kumar Poonglia and Sanjay Poonglia, who are legal representatives of Rikhab Chand Poonglia. Out of the land of Khasra No.179/1, one of the petitioner, purchased a plot measuring 11 biswas from Nirmala Poonglia and Shrish Poonglia from Khasra No.179/1 vide registered sale deed dtd. 6/2/2015 which was renumbered as Khasra No.294/179 and mutation to that effect was also opened in the revenue record.