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Rajasthan High Court · body

2020 DIGILAW 622 (RAJ)

Kishana v. Board of Revenue, Rajasthan, Ajmer

2020-09-03

VIJAY BISHNOI

body2020
JUDGMENT 1. These writ petitions have been preferred on behalf of the petitioners assailing the validity of the judgment/order dated 10.1.2020 passed by the Board of Revenue, Ajmer in revision petition preferred on behalf of respondent Nos.4 to 12 whereby, the Board of Revenue has partly allowed the revision petition and set aside the orders dated 4.12.2019 and 30.1.1987 passed by the Additional Colonization Commissioner-cum-Revenue Appellate Authority, Bikaner and Assistant Colonization Commissioner, Kolayat respectively and remanded the matter to the Assistant Colonization Commissioner, Kolayat with a direction to decide the dispute regarding correction in the revenue maps and allotment of the land within a period of three months after providing opportunity of hearing to all the parties concerned. 2. Brief facts of the case are that on 30.1.1987, the Assistant Colonization Commissioner has ordered for acquisition of lands of some Khatedars of village Bangadsar for the purpose of allotting it to the irrigation department for construction of a colony and simultaneously ordered for allotment of alternate land to the Khatedars of the said acquired land. Later on, in the year 2017, an application was moved by one Abdul Rahman before the Tehsildar, Colonization, Gajner alleging that the private respondents were having total 81.17 bighas of land in Khasra No.811 of village Bangadsar and out of the said land, 36 bighas of land has been acquired by the State Authorities and alternate landwas allotted to them in village Ranasar. It is alleged that despite acquisition of the land by the State Authorities, entries in the revenue records were not made and the concerned Khatedars were given possession of the alternate land though they are still in possession of the acquired land. On receiving the complaint, the Tehsiidar sought report from the Patwari concerned and after receiving the report, ordered that possession of the land already acquired be taken over from the Khatedars and entry of this effect be made in the revenue records in favour of the irrigation department. 3. Being aggrieved with the said order, the private respondents have filed appeal before the Additional Commissioner Colonization-cum-Revenue Appellate Authority, Bikaner, however, the said appeal was dismissed by the authority concerned while observing that it has no jurisdiction to decide the issue involved in the matter as the controversy relates to the land acquisition proceedings. 3. Being aggrieved with the said order, the private respondents have filed appeal before the Additional Commissioner Colonization-cum-Revenue Appellate Authority, Bikaner, however, the said appeal was dismissed by the authority concerned while observing that it has no jurisdiction to decide the issue involved in the matter as the controversy relates to the land acquisition proceedings. Being aggrieved with the same, the private respondents have preferred revision petition wherein, the impugned order has been passed. 4. The Board of Revenue is of the opinion that as a matter of fact, some errors have been committed by the revenue authorities in respect of revenue entries and the land which was actually acquired by the State Government has not been recorded in its name. It is also observed that though the acquisition of land is from various Khatedars whereas, in the revenue records acquisition has been shown only from one Khatedar. The Board of Revenue is also of the opinion that since on account of wrong entries made in the revenue records, the acquired land remained in possession of the concerned Khatedars and they have also been allotted alternate land in lieu of that acquisition, which is also in their possession. 5. After discussing the irregularities and errors committed in the revenue records, the Board of Revenue, Ajmer has remanded the matter to the Assistant Colonization Commissioner, Kolayat with a direction to make necessary corrections in the revenue records and maps and to re-allot land to the Khatedars, whose lands have been acquired. The Board of Revenue has also directed to conduct the said exercise within a period of three months. 6. Having heard learned counsel for the parties and after going through the material available on record, this Court is of the opinion that the Board of Revenue has simply remanded the matter to the concerned authority to pass a fresh order regarding the acquisition of land of various Khatedars and in lieu of that provide alternate land to them while providing opportunity of hearing to all the parties concerned. 7. Learned counsel for the petitioners has submitted that the petitioners have apprehension that the Assistant Colonization Commissioner, Kolayat would be influenced by the observations made in the impugned order and it may prejudice their case. 8. 7. Learned counsel for the petitioners has submitted that the petitioners have apprehension that the Assistant Colonization Commissioner, Kolayat would be influenced by the observations made in the impugned order and it may prejudice their case. 8. This Court is of the opinion that once the Board of Revenue has directed the Assistant Colonization Commissioner to look into the matter afresh after providing opportunity of hearing to all the parties concerned, it will be open for the petitioners to raise all their valid, legal and factual objections before the said authority and the said authority is obliged to take into consideration all the valid, legal and factual objections raised by the parties concerned and thereafter to pass a fresh order in accordance with law without being influenced by any of the observations made by the Board of Revenue in the impugned order. 9. In view of the above, these writ petitions are disposed of with a direction to the Assistant Colonization Commissioner, Kolayat to decide the matter afresh remanded to it by the Board of Revenue, Ajmer after providing fair opportunity of hearing to all the parties concerned, in which, the parties may raise all their valid, legal and factual objections. The Assistant Colonization Commissioner, Kolayat shall pass a fresh order after taking into consideration all the valid, legal and factual objections raised by the parties concerned without being influenced by any of the observations made by the Board of Revenue, Ajmer in the impugned order.