TEJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present intra-court appeal has been preferred against the order dtd. 11/10/2017, passed by the learned Single Judge accepting the writ petition filed by the Municipal Board, Sirohi (respondent No. 6 herein).

(2.) The facts relating to the present appeal are that one Teja Ram- (the appellants' propositus), belonging to a Scheduled Caste community sold his 35 bighas and 4 biswas land to the Municipal Board, Sirohi by way of a registered sale deed dtd. 16/11/1988. The land was purchased by the Municipal Board under the Integrated Development Scheme; out of which, about 11 bighas of land was got fragmented for the development of a housing colony by an order of the competent authority namely SDO, Sirohi.

(3.) Before the plots could be offered for allotment, the Tehsildar, Sirohi (respondent No. 5 herein) moved an application under Sec. 175 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Tenancy Act or the Act of 1955), before the Assistant Collector, Sirohi seeking eviction of the Municipal Board, alleging that the transaction between the Municipal Board and Teja Ram was in violation of Sec. 42 (b) of the Rajasthan Tenancy Act, 1955. While impleading Teja Ram, it was inter alia, averred in the application that since the sale deed dtd. 27/3/1989 executed by Teja Ram, in favour of Municipal Board was void, not only was the land in question liable to be resumed by the State Government, but the purchaser-Municipal Board was also liable to be evicted.