GAJENDRA SINGH Vs. DIVISIONAL COMMISSIONER, JODHPUR AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 12.6.2007 (Annexure -11) and order dated 16.7.2007 (Annexure -12) passed by respondent No. 1 - Divisional Commissioner, Jodhpur. According to the facts of the case, the petitioner along with 26 other persons purchased 21 bighas and 2 biswas of agricultural land of Khasra No. 83 and 104 of Village Chopasani Jagir, Tehsil and District Jodhpur by two registered sale -deeds dated 24.5.1996 from original khatedar Shri Girdhari. After purchasing the said land, a lay out plan was prepared to use the agricultural land for residential purposes and in all 112 plots were demarcated and the said lay out plan was sanctioned by the Senior Town Planner, Jodhpur on 20.11.2003. According to the petitioner, Plot Nos. 79 to 84 came as share of the petitioner, therefore, the petitioner along with other persons moved an application under Sec. 90 -B of the Rajasthan Land Revenue Act, 1956 (hereafter referred to as "the Act of 1956" only). By that application, the land was surrendered in the form of plots and as per provisions of Sec. 90 -B of the Act of 1956, the respondent No. 2 passed an order under sub -section (3) of Sec. 90 -B of the Act of 1956 for resumption of the land. The said land so resumed by the respondent No. 2 is free from all encumbrances at the disposal of respondent No. 3 under sub -section (6) of Sec. 90 -B of the Act of 1956. After due process, pattas were issued to the petitioner for these plots by the respondent No. 2.

(2.) For the purpose of satisfying this Court, the petitioner has narrated some facts with regard to status of the land. In this connection, it is stated by petitioner in the writ petition that the original khatedar Girdhari filed a revenue suit for declaration of his khatedari rights and the Revenue Appellate Authority decreed the suit by judgment and decree dated 21.12.1995. Thereafter, the respondent Urban Improvement Trust filed second appeal before the Board of Revenue, Ajmer and the matter was remanded to the Revenue Appellate Authority by the Board of Revenue vide order dated 15.12.2000.

(3.) Upon remand, the Revenue Appellate Authority, Jodhpur after impleading respondent No. 4 and 5 as respondent by judgment and decree dated 28.6.2003 accepted Shri Girdhari as khatedar of the said land. The said judgment delivered by Revenue. Appellate Authority has become final as appeal against the same filed by U.I.T., so also by respondent No. 4 and 5 were dismissed on 3.9.2003. The respondent Nos. 4 and 5 also filed a review petition before the Board of Revenue against the order dated 3.9.2003 but the same was also rejected on 6.12.2003. As per the petitioner, upon perusal of the order, it is reveal that the claim of the respondent Nos. 4 and 5 is nothing but a fraud.