SADIQ ALI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By the judgment dated 7.1.2014, the learned Single Bench dismissed the petition for writ preferred by the petitioner giving challenge to order dated 3.8.1994 passed by the Tehsildar, Chohtan, order dated 26.12.1995 passed by the Additional Collector, Barmer and order dated 4.8.1997 passed by the Board of Revenue, Rajasthan, Ajmer. In brief, facts of the case are that the appellant-petitioner Sadik Ali, a permanent resident of District Barmer had a khatedari land measuring 168 Bighas in Khasra No. 182, 183 and 185 village Burhana Ka Tala, Tehsil Chohtan, District Barmer. The Tehsildar, Chohtan on 4.11.1998 submitted an application to the Assistant Collector, Banner to treat the land under khatedari of the petitioner as "Government land" in light of the provisions of Sec. 63(viii) of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955').

(2.) On being called upon, the petitioner submitted a reply to the application and stated that he has not extinguished his tenancy right as he did not migrate from India to a foreign country without a valid passport or without a lawful authority. The case then was transferred to the Tehsildar, Chohtan, who decided the same on 30.8.1994. The Tehsildar held that as per Section 63(viii) of the Act of 1955, the interest of a tenant in his holding or a part thereof stands extinguished, if, he migrates from India to a foreign country without obtaining a valid passport or without lawful authority. The tenant Sadik Ali migrated for Pakistan without a valid passport in the year 1981, therefore, he has extinguished his interest as tenant in his holding. While doing so, the Tehsildar noticed that by a judgment dated 15.6.1981, the learned Judicial Magistrate, First Class, Banner, convicted Shri Sadik Ali for an offence punishable under Section 3 read with Section 6 of the Passports Act, 1967 and, therefore, his migration stands established.

(3.) The order passed by the Tehsildar came to be affirmed by the Additional District Collector, Barmer vide order dated 26.12.1995 in the appeal preferred by the appellant, being No. 80/1995. A revision petition giving challenge to the order dated 26.12.1995 was also dismissed by the Board of Revenue, Rajasthan, Ajmer.