MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case in hand has a chequred history. It will, therefore be apt to lay the factual canvas in a chronological order, which runs as infra.

(2.) The respondent no.4 Uka, a member of Scheduled Tribe was recorded Khatedar of contentious land bearing Khasra No.339/378 ad-measuring 1.28 hectare. He took a loan from the Land Development Bank, Raniwada, respondent no.3 herein, for which his land was mortgaged. On failure to pay the loan, the bank initiated recovery proceedings and a proclamation of sale for the land in question came to be issued on 10.1.1994. The contentious land was ultimately offered for sale in an open auction, which was purchased by the present appellant for a sum of Rs.44,501/-, who was not a person belonging to Scheduled Tribe. Consequent to the purchase in auction, the land came to be recorded in appellant's name vide mutation entry no.63 dated 11.08.1995.

(3.) On 21.07.1998 the State Government moved an application under Section 82 of the Rajasthan Land Revenue Act before the District Collector, Jalore on 21.7.1998 for making reference to the Board of Revenue, inter alia, contending that the transfer of land of Uka, a Scheduled Tribe to the appellant not being a member of Scheduled Tribe was in violation of the provisions of Section 42(b) of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act of 1955).