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2017 DIGILAW 2397 (RAJ)

Bhagwan Das v. BOR Ajmer

2017-11-02

AJAY RASTOGI, DEEPAK MAHESHWARI

body2017
ORDER : 1. Counsel submits that the subject land in question was mutated in the year 1960 and the present appellant purchased the subject land in question through registered sale deed on 8-3-1976 and for the first time reference was made by the Additional Collector invoking Sec.82 of the Rajasthan Land Revenue Act, 1956 on 14-12-2000 almost 40 years after the mutation was opened and submits that although there is no time limit for making reference u/S. 82 of the Act or u/S.232 of the Tenancy Act but at least in the light of Larger Bench Judgment of this Court in Tara v. State of Raj., 2015 (3) WLC (Raj.) 548 the reference has to be made within a reasonable time and under the present circumstances where there is a delay of 40 years in filing reference application such old/staled claims could not be reopened by the state authorities and further submits that the Ld. Single Judge has non-suited the present appellant on the ground that this question was not raised before the court below and submits that this being a pure question of law based on the admitted on record although not raised but certainly goes to the root of the matter and needs indulgence by this Court. 2. Heard. Admit. Issue notice of appeal & stay application, returnable by four weeks. Notices may be given ‘dasti’, if desired. 3. In the meanwhile, the parties shall maintain status quo with respect to the subject land in question and either party shall not alienate & create third party rights in the subject land in question the further orders.