Rajasthan High Court: In a petition challenging the order issued by the Board of Revenue for Rajasthan, Ajmer, a single-judge bench comprising of Dr. Nupur Bhati, J., held that “the Deputy Colonization Commissioner, Bikaner is not competent to make reference in exercise of powers conferred under Section 232 of the Rajasthan Tenancy Act, 1955 (the Act)” and set aside the impugned orders.
In the instant matter, a reference was made by the Deputy Colonization Commissioner, Bikaner, dated 24-02-2005, under Section 232 of the Act, to challenge the order dated 11-03-1992, passed by the Assistant Commissioner (Colonization), which had recorded the names of the petitioners as “Gair-Khatedar(s)” in the revenue record. The Board of Revenue, vide order dated 30-01-2008, set aside the order dated 11-03-1992 and overturned the reference. The petitioner preferred the present petition challenging the order dated 30-01-2008, issued by the Board of Revenue.
The petitioners argued that the controversy in this petition is resolved in Ramzan Khan v. State of Rajasthan, D.B. special appeal No. 789/2003, order dated 02-03-2007, where the Court had ruled that the Deputy Colonization Commissioner, Bikaner, lacked the authority to make references under Section 232 of the Act. However, the respondent-State did not dispute that the issue raised in the petition aligns with the decision in Ramzan Khan’s case (Supra).
In light of the precedent set in Ramzan Khan’s case (Supra), the Court allowed the writ petition and set aside the impugned order dated 30-01-2008 issued by the Board of Revenue and the impugned order dated 01-07-2008 issued by the Deputy Colonization Commissioner, Bikaner. The Court, however, clarified that the competent authority could initiate a fresh reference in accordance with the law.
[Alsi Ram v. State of Rajasthan, 2024 SCC OnLine Raj 695, order dated 22-03-2024]
Advocates who appeared in this case :
Mr. Varun Goyal, Counsel for the Petitioner
Mr. I.S. Pareek, AGC, Counsel for the Respondent
