STATE OF RAJASTHAN Vs. UKA AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner -State aggrieved against the judgment dated 24.01.2002 passed by the Board of Revenue, Ajmer ('the Board'), whereby the reference made by it under Sec. 82 of the Rajasthan Land Revenue Act, 1956 ('the LR Act') has been rejected. The State by the reference had questioned the validity of mutation No. 62 dated 11.08.1995 and auction sale conducted by the Assistant Registrar, Cooperative Societies, Jalore.

(2.) The non -petitioner No. 1 Uka was recorded Khatedar of the land in question; the land was mortgaged with the Land Development Bank, Branch Raniwada; the Bank issued a demand notice to the respondent No. 1 to pay a sum of Rs. 13,075/ - and when he failed to deposit the sum, a proclamation for sale was issued and the land in question was sold in auction, which was purchased by respondent No. 2 Manoj Kumar for a consideration of Rs. 44,501/ -. After payment of the said amount, the land in question was redeemed from mortgage and mutation No. 62 dated 11.08.1995 was recorded in the name of respondent No. 2.

(3.) The State through Tehsildar filed an application before the District Collector, Jalore on 21.07.1998, inter alia, indicating that the respondent No. 2 Manoj Kumar is not a member of Scheduled Tribe, whereas the respondent No. 1 Uka is a member of Scheduled Tribe and, therefore, the land in question could not be transferred in favour of respondent No. 2 in view of the provisions of Sec. 42(b) of the Rajasthan Tenancy Act, 1955 ('the Tenancy Act').