Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 582 (RAJ)

Jagdish v. Board of Revenue

2012-03-03

ALOK SHARMA

body2012
Hon'ble SHARMA, J.—This petition has been filed against the order dated 7.12.2011 passed by the Board of Revenue, allowing the revision petition filed by the respondents No. 5 to 12 only on the grounds that the proceedings taken by the petitioners before the Tehsildar in the first instance under Sec. 251 of the Rajasthan Tenancy Act, 1955 (for short, the Act of 1955) were without jurisdiction inasmuch as in terms of the Notification No.F5(21) Rev/Gr, 5/80/34 dated 4.9.1982 issued by the Revenue (Gr. 4) Department, Govt. of Rajasthan, the powers conferred on a Tehsildar by sub-section (1) of Section 251 of the Act of 1955 for disposing of application relating to the disturbance in the actual enjoyment of a way or other easementary rights by the landholders are to be exercised in the first instance by the Village Panchayat of the Village in which the land is situated, where under the Village Panchayat is to dispose of such an application within 45 days from the date of receipt and in the event of its failure to do so, the jurisdiction under Section 251 of the Act of 1955 shall revert to the Tehsildar. It is not in dispute in the facts of the case that the petitioner's application under Section 251 of the Rajasthan Tenancy Act was not up to the concerned Panchayat in the first instance. 2. Having perused Section 251 of the Act of 1955 as also the aforesaid Notification dated 4.9.1982, I am of the view that no error can be found in the impugned order passed by the Board of Revenue on 7.12.2011 and I would thus decline to interfere with the order passed by the Board of Revenue. 3. Counsel for the petitioners however submits that the ground on which a very substantial case on facts was made out by the petitioners and found out by the Tehsildar ought not to have been negated on mere technical grounds. However, the question of jurisdiction is not a technical objection and it goes to the root of the matter. Therefore, even while upholding the order of the Board of Revenue I would direct the Secretary, Gram Panchayat, Narsas to adjudicate the petitioner's application under Section 251 of the Rajasthan Panchayat Act expeditiously, if filed. 4. The petitioners are free to file a fresh application for the purpose. 5. The writ petition stands dismissed accordingly. Therefore, even while upholding the order of the Board of Revenue I would direct the Secretary, Gram Panchayat, Narsas to adjudicate the petitioner's application under Section 251 of the Rajasthan Panchayat Act expeditiously, if filed. 4. The petitioners are free to file a fresh application for the purpose. 5. The writ petition stands dismissed accordingly. The stay application also stands dismissed.