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2005 DIGILAW 3222 (RAJ)

Fakruddin v. B. O. R.

2005-12-06

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-Amended cause title has already been filed. Same is taken on record. 2. With the consent of parties the writ petition is heard for final disposal. 3. By this petition for writ a challenge is given to the Judgment dated 31.07.2000 passed by the Board of Revenue, Rajasthan, Ajmer accepting the reference made by the Collector, Churu under the Judgment dated 31.03.1997 for setting aside order and decree dated 25.05.1971 passed by the Assistant Collector, Churu. While giving challenge to the Judgment impugned it is contended by the Counsel for the petitioner that the land in question was allotted as a consequence of order and decree passed by the Assistant Collector, Churu on 25.05.1971, reference in regard to which was made by the Collector, Churu by the order dated 31.03.1997 that is after a lapse of more than 25 years. It is also contended by Counsel for the petitioner that the petitioner also acquired tenancy rights in on 211.1987. According to Counsel for the petitioner the reference made after a lapse of 25 years is having an essence of arbitrariness being made at a belated stage. To substantiate the contention he has placed reliance upon Division Bench Judgment of this Court in the case of State of Rajasthan vs. Teja & Ors., reported in 2005 (2) WLC 53. In the case of State of Rajasthan vs. Teja & Ors., Division Bench held that the tenancy/khatedari rights cannot be disturbed by making reference at delayed stage, if the tenancy and possession on land is not an out-come of fraud or of collusion between the public officer and the tenant. 4. I am of the considered opinion that the law laid down by the Division Bench of this Court in the case of State of Rajasthan vs. Teja & Ors. (Supra), is having absolute application in the present case. The order and decree on basis of which land was allotted to the petitioner was passed on 25.05.1971 and tenancy stood acquired by the petitioner on 211.1987. The Collector, Churu made reference by the order dated 31.03.1997. The reference was made after a lapse of twenty-five years from the date of order and decree and after a lapse of about ten years from the date of acquiring tenancy rights by the petitioner. The Collector, Churu made reference by the order dated 31.03.1997. The reference was made after a lapse of twenty-five years from the date of order and decree and after a lapse of about ten years from the date of acquiring tenancy rights by the petitioner. It is also clear from perusal of orders impugned that the decree and the order dated 25.05.1971 were not obtained by the petitioner by way of any fraud. Consequently, I am having no hesitation in holding that the reference made under the order dated 31.03.1997 is arbitrary being made at a belated stage. 5. Accordingly, this petition for writ is allowed. The order dated 31.03.1997 passed by the Collector, Churu in Reference No. 58/95 and the order dated 31.07.2000 passed by the Board of Revenue, Rajasthan, Ajmer (Annexure-3) are hereby quashed. No order as to cost.