SULEMAN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner for the following reliefs:

(2.) As per the facts of the case, an application was moved before the SDO, Barmer by the Tehsildar, Barmer under Section 63(1)(8) of the Rajasthan Tenancy Act in which it was pleaded that petitioner Suleman went Pakistan without passport illegally, therefore, his rights in the land in question may be extinguished and land may be transferred in the name of the State Government. In the proceedings upon application filed by the Tehsildar, a reply was filed by one Mohd. S/o Saddq in which he has prayed that part of the land of Suleman was purchased by him and he never went to Pakistan but he went Sri Ganganagar for earning his livelihood. The Sub-Divisional Officer after recording evidence of both the parties passed an order on 2.8.1975 whereby the application was partly allowed and it was ordered that to the extent of share of Mohd. S/o Saddq the application is hereby rejected but to the extent of remaining share of Suleman (petitioner) his rights are extinguished and land in question may be transferred in the name of State.

(3.) As per contention of the petitioner, no notice was received to him prior to passing order dated 2.8.1975. The notice was pasted on the notice board of Gram Panchayat, Anadara, therefore, an application was moved by the petitioner under Order 9, Rule 13 CPC for recalling the order but SDO, Barmer rejected the application vide order dated 19.4.1989.