RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LIMITED Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) To question correctness of the judgment dated 11.4.2012 passed by learned Single Bench in SB Civil Writ Petition No. 3089/2012 this appeal is preferred. By the judgment impugned learned Single Bench affirmed the judgment dated 1.11.2011 passed by the Board of Revenue, Rajasthan, Ajmer. The factual background giving rise to instant litigation is that the Collector, Bikaner by an order dated 19.4.2003 allotted a chunk of land measuring 261.01 bighas to appellant Rajasthan State Industrial Development & Investment Corporation Limited (hereinafter referred to as 'the RIICO') on lease for a period of 99 years. Prior to it the land was set apart for industrial purposes vide order dated 22.3.2013. After allotment of the land it came into knowledge of the appellant that as a consequent to a judgment and decree dated 3.10.2005 a part of allotted land measuring 18 bighas and 10 biswas is to be entered in revenue records as khatedari land of plaintiffs Dularam and Gopalram sons of Ganesharam. Suffice to mention that a revenue suit as per provisions of Sec. 88 of the Rajasthan Tenancy Act and Sec. 136 of the Rajasthan Land Revenue Act was preferred by the plaintiffs aforesaid before the court of learned Sub Divisional Officer (North), Bikaner and that was decreed under a judgment dated 3.10.2005. The Sub Divisional Officer by the judgment aforesaid declared the plaintiffs having khatedari rights in 10.18 bighas land in khasra No. 923/159 village Chakgarbi, 2.12 bighas land in khasra No. 1093/159, 9.13 bighas land in khasra No. 850/159 and 5.15 bighas land in khasra No. 1176/365.

(2.) An application thereafter was made for making certain amendments in the judgment and decree dated 3.10.2005 and that came to be accepted on 3.11.2008 in following terms: - -

(3.) An appeal giving challenge to the judgment and decree dated 3.10.2005 as amended under the order dated 3.11.2008 was filed by the RIICO before the Revenue Appellate Authority, Bikaner as per provisions of Sec. 223 of the Rajasthan Tenancy Act. The appellant contended that the decree was granted after handing over possession of the land to it, therefore, the same is bad being passed without affording an opportunity of hearing to the RIICO. Several other grounds including the fact that the suit land was declared under khatedari rights of the plaintiffs without inspecting the site and factual examination of the record as ordered by the adjudicating court on 27.6.2005. The Revenue Appellate Authority by its judgment dated 19.7.2010 accepted the appeal and set aside the order passed by the Sub Divisional Officer (North), Bikaner. Learned Revenue Appellate Authority remanded the matter to the Sub Divisional Officer for its adjudication afresh after joining the RIICO as defendant. The operative portion of the order passed by learned Revenue Appellate Authority under the judgment dated 19.7.2010 reads as under: - -