JAGANNATH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this writ petition has challenged the departmental proceedings initiated against him vide memorandum dtd. 14/1/1999 in relation to the action taken under the Rajasthan Lands Summary Settlement Act, 1953 whereby he had passed the orders in judicial capacity directing for opening mutation of land measuring 1.93 hectares in favour of one Ganga Charan S/o Mool Chand. The allegation against the petitioner was that the action was contrary to the provisions of law and beyond jurisdiction and as the land was 'Siwai Chak' land, therefore, could not have been entered in the name of Ganga Charan S/o Mood Chand.

(2.) The counsel for the petitioner submits that the departmental proceedings could not have been initiated with regard to his decision taken in quasi judicial capacity as a Asstt. Settlement Officer, Kota and passing orders under Sec.5 of the aforesaid Act of 1953. The counsel further submits that the order passed by him was appelable and infact during the pendency of this writ petition, a regular suit was filed by the UIT, Kota claiming the said land to be in its name and findings have been arrived at that the land was not Siwai Chak i.e. Government land and was in the name of UIT.

(3.) Per contra, counsel appearing for the respondent submits that the petitioner had illegally made an entry in the revenue record of the disputed number in the name of Ganga Charan. The UIT was unnecessarily dragged into litigation for correction in the entry of revenue record. The delay in initiating proceedings after 14 years was not in the knowledge of petitioner and it came only in his knowledge in the year 1998 whereafter the charge-sheet was issued.