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2005 DIGILAW 870 (RAJ)

Ram Karan v. State of Rajasthan

2005-03-21

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-This writ petition is directed against the Judgment dated 211.1993 passed by Board of Revenue for Rajasthan, Ajmer in Appeal Decree No. 227/91/TA/Ajmer, Omprakash & Ors. vs. Ramkaran & Anr. The Board of Revenue by aforesaid order accepted the appeal and set aside the Judgment and decree of Revenue Appellate Authority, Ajmer dated 05.07.1991. The Revenue Appellate Authority by Judgment dated 05.07.1991 rejected the appeal preferred by Shri Omprakash and 9 others and maintained the Judgment and decree passed by Assistant Collector, Ajmer dated 211.1985. 2. The cause sought to be agitated in present writ petition is arising out of a dispute same into existence in Revenue District of Ajmer. The territorial jurisdiction to adjudicate disputes arising out of Revenue District of Ajmer lies with Jaipur Bench of this Court in light of Presidential order dated 31.01.1977 and also in light of notification on No. 1/JB dated 212.1976 passed by the then Acting Chief Justice of this Court. Honble Supreme Court also in the case of Rajasthan High Court Advocates Association vs. Union of India & Ors., reported in 2001(2) SCC 294 , held that in case of a dispute arising where an individual case or cases should be filed and heard, i.e., either at Jodhpur or Jaipur, then the same is to be decided by applying the test i.e., from which district the case arises. This clearly shows that a writ petition is required to be filed before Rajasthan High Court at Jodhpur if the cause is originated in the Revenue Districts of Jodhpur, Pali, Nagaur, Barmer, Jaisalmer, Sirohi, Jalore, Udaipur, Dungarpur, Banswara, Rajsamand, Bhilwara, Chittorgarh, Bikaner, Sriganganagar, Hanumangarh and Churu. If the cause is originated in Districts other than above then the writ petition must be filed at Jaipur Bench of this Court. 3. In the present case the cause originated in Revenue District of Ajmer, therefore, jurisdiction under Article 226 of the Constitution for redressal of grievance of the petitioner can be agitated and adjudicated before Jaipur Bench of this Court. 4. 3. In the present case the cause originated in Revenue District of Ajmer, therefore, jurisdiction under Article 226 of the Constitution for redressal of grievance of the petitioner can be agitated and adjudicated before Jaipur Bench of this Court. 4. The writ petition was presented before this Court at Jodhpur by the petitioner in the year 1994, as such instead to return record of the case to petitioner for proper presentation before Jaipur Bench of this Court, I consider it appropriate to direct Registry of this Court to place record of the case before Honble the Chief Justice for passing appropriate order with regard to transfer of this writ petition to Jaipur Bench of this Court.