STATE OF RAJASTHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Application for regularization of encroachment on Government land was submitted by one Jagannath since deceased, now been represented by his legal heirs as respondents in the present writ petition, before Naib Tehsildar on 03.07.1969. The order of regularization was passed by the Naib Teshildar on 14.07.1969 itself. Though necessary directions were sought by the District Collector from State Government for seeking reference under Section 83 of the Land Revenue Act, however, as per directions so issued, action was taken by the District Collector under the Rajasthan Land Revenue (Agricultural Land Allotment) Rules of 1970. The order dt. 14.07.1969 passed by the Naib Tehsildar was set aside by the District Collector vide order dt. 19.12.1972.

(2.) The above order passed by the District Collector came to be challenged by the contesting respondents before the Revenue Appellate Authority. While allowing the appeal vide order dt. 31.01.1987, the Revenue Appellate Authority set aside the order dt. 19.12.1972 passed by the District Collector. The Revenue Appellate Authority held that since the regularization has been made prior to the Rules of 1970 came into force, as such, the regularization made earlier could not have been cancelled by the District Collector under the Rules of 1970.

(3.) Subsequently, it appears that the matter was referred to the Board of Revenue under Section 9 of the Rajasthan Land Revenue Act, however, the application filed by the State was rejected by the Board of Revenue vide order dt. 27.07.1993. Hence, the present writ petition challenging the order of Board of Revenue.