STATE OF RAJASTHAN Vs. RUKMA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against order dt. 21.12.11 of the Board of Revenue Rajasthan, whereby a revision petition preferred by the petitioner against the order dt. 1.12.04 of Revenue Appellate Authority (RAA), Jodhpur, allowing the appeal preferred by the respondents against the order dt. 9.6.04 passed by the Additional Collector (Development), Jodhpur, stands dismissed. The respondents having their agriculture land in village -Dhob, Tehsil -Osiyan, District -Jodhpur, applied for drilling of tube well and installation of the machinery for operation thereof under D.D.P. Scheme introduced by D.R.D.A., Jodhpur, in the year 1988 -89. It is stated that after completion of drilling and installation of machinery, tube well was made operational and handed over to the respondents and therefore, as per the D.D.P. Scheme, they were required to deposit a sum of Rs. 53,997/ -. However, even after repeated demand being raised, the amount due was not deposited and therefore, the recovery proceedings were initiated against them under the provisions of Public Demand Recovery Act, 1952 (for short "PDR Act").

(2.) After giving an opportunity of hearing to the respondents, vide order dt. 9.6.04 passed by the Additional District Collector (Land Record), Jodhpur, an amount of Rs. 53,997/ - was ordered to be recovered from the respondents under the PDR Act. Aggrieved thereby, the respondents preferred an appeal under Sec. 23 A of PDR Act before the RAA, Jodhpur. The appeal was allowed by the RAA vide order dt. 1.12.04 and accordingly, the order passed by the Additional District Collector (Land Record), Jodhpur, was set aside.

(3.) Aggrieved by the order dt. 1.12.04 passed by the RAA, the petitioner preferred a revision petition before the Board of Revenue Rajasthan, Ajmer, which stands dismissed by the order impugned. Hence, this petition.