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2025 DAILYLAW 12929 (RAJ)

DEVBUX S/O BHAMBU v. STATE OF RAJASTHAN

CW/4649/2025 · 2025-05-06

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:19027] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.4649/2025 1. Devbux S/o Bhambu, (Since Deceased) Through Legal Heirs 1/1 Shibbo S/o Late Devbux, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/2. Vishram S/o Late Devbux, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/3. Hardev S/o Late Devbux, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/4. Shyam S/o Late Devbux, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/5. Govindram S/o Late Devbux, (Since Deceased) Through Legal Heirs 1/5/ 1. Satyendra S/o Late Govindram, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/5/ 2. Mahedra S/o Late Govindram, R/o Village Panhori, Tehsil Deeg District Bharatpur 1/5/ 3. Kartar S/o Late Govindram, R/o Village Panhori, Tehsil Deeg District Bharatpur 2. Charni S/o Later Bhambu, (Since Deceased) Through Legal Heirs 2/1. Bhajan S/o Late Charni, R/o Village Panhori, Tehsil Deeg District Bharatpur 2/2. Nahariya S/o Late Charni, R/o Village Panhori, Tehsil Deeg District Bharatpur 2/3. Gangasahai S/o Late Charni, R/o Village Panhori, Tehsil Deeg District Bharatpur 2/4. Pratap S/o Late Charni, R/o Village Panhori, Tehsil Deeg District Bharatpur 3. Ramswaroop S/o Bhambu, (Since Deceased) Through Legal Heirs 3/1. Angad S/o Late Ramswaroop, R/o Village Panhori, Tehsil Deeg District Bharatpur 3/2. Azzo S/o Late Ramwaroop, R/o Village Panhori, Tehsil Deeg District Bharatpur 3/3. Prahlad S/o Late Ramswaroop, R/o Village Panhori, Tehsil [2025:RJ-JP:19027] (2 of 9) [CW-4649/2025] Deeg District Bharatpur 3/4. Gangaram S/o Late Ramswaroop, R/o Village Panhori, Tehsil Deeg District Bharatpur 4. Buddha S/o Late Bhambu, (Since Deceased) Through His Legal Heir 4/1. Gopal S/o Late Shri Buddha, R/o Village Panhori, Tehsil Deeg District Bharatpur 5. Nahar Singh S/o Late Chirnji, (Since Deceased) Through Legal Heirs 5/1. Girdhar Singh S/o Late Nahar Singh, (Since Deceased) Through Legal Heirs) 5/1/ 1. Rameshwar S/o Late Girdhar Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 2. Gajendra S/o Late Girdhar Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 3. Rajendra Singh S/o Late Girdhar Singh, (Since Deceased)Through Legal Heirs 5/1/ 3/1. Lakhan S/o Late Shri Rajendra Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 3/2. Bharat S/o Late Shri Rajendra Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 4. Smt. Harmukhi D/o Late Girdhar Singh, (Since Deceased) Through Legal Heirs 5/1/ 4/1. Aakash S/o Late Smt. Harmukhi, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 4/2. Mahesh S/o Late Smt. Harmukhi, R/o Village Panhori, Tehsil Deeg District Bharatpur 5/1/ 4/3. Meenu D/o Late Smt. Harmukhi, R/o Village Panhori, Tehsil Deeg District Bharatpur 6. Brajlal S/o Kishan, (Since Deceased) Through His Legal Heirs 6/1. Nathi Singh S/o Late Brajlal, (Since Deceased) Through His Legal Heirs 6/1/ 1. Balram S/o Late Natthi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/1/ 2. Mansingh S/o Late Natthi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur [2025:RJ-JP:19027] (3 of 9) [CW-4649/2025] 6/1/ 3. Gangaram S/o Late Nathhi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/1/ 4. Smt.kusum D/o Late Shri Natthi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/1/ 5. Smt.urmila D/o Late Shri Natthi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/1/ 6. Smt. Ganga D/o Late Shri Natthi Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2. Shobharam S/o Late Brajlal, (Since Deceased) Through His Legal Heirs 6/2/ 1. Suresh S/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2/ 2. Santram S/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2/ 3. Balram S/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2/ 4. Vishram S/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2/ 5. Smt. Harpyari D/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/2/ 6. Smt. Geeta D/o Late Shri Shobharam, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3. Ramlal S/o Late Brajlal, (Since Deceased) Through His Legal Heirs 6/3/ 1. Maniram S/o Late Shri Ramlal, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3/ 2. Bahadur S/o Late Shri Ramlal, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3/ 3. Mohan Singh S/o Late Shri Nawal Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3/ 4. Devendra Singh S/o Late Shri Nawal Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3/ 5. Smt. Anjana D/o Late Shri Naval Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/3/ 6. Smt. Vijna D/o Late Shri Nawal Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/4. Narayan Singh S/o Late Brajlal, (Since Deceased) [2025:RJ-JP:19027] (4 of 9) [CW-4649/2025] Through His Legal Heirs 6/4/ 1. Shyam S/so Late Shri Narayan Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/4/ 2. Shivram S/o Late Shri Narayan Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 6/4/ 3. Smt. Dhori D/o Late Shri Narayan Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 7. Banni S/o Late Girraj, Through His Legal Heirs 7/1. Mangturam S/o Late Banni, (Since Deceased) Through His Legal Heirs 7/1/ 1. Rambo W/o Late Shri Mangturam, R/o Village Panhori, Tehsil Deeg District Bharatpur 7/1/ 2. Smt. Radha D/o Late Shri Mangturam, R/o Village Panhori, Tehsil Deeg District Bharatpur 7/2. Harjeevan S/o Late Brajlal, (Since Deceased) Through His Legal Heirs 7/2/ 1. Dhaniram S/o Late Shri Harjeevan, R/o Village Panhori, Tehsil Deeg District Bharatpur 7/2/ 2. Bihari @ Khairtilal S/o Late Harjeevan, R/o Village Panhori, Tehsil Deeg District Bharatpur ----Petitioners Versus 1. State Of Rajasthan, Through Tehsildar Tehsil Deeg, District Bharatpur Rajasthan 2. Nayab Tehsildar, Tehsil Deeg District Deeg 3. Bhiman S/o Shri Heera Singh, R/o Village Panhori, Tehsil Deeg District Bharatpur 4. Netram S/o Narayan, R/o Village Panhori, Tehsil Deeg District Bharatpur 5. Narayan S/o Nanua, R/o Village Panhori, Tehsil Deeg District Bharatpur 6. Badale S/o Nanua, R/o Village Panhori, Tehsil Deeg District Bharatpur 7. Budha S/o Parma, R/o Village Panhori, Tehsil Deeg District Bharatpur 8. Tikam S/o Parma, R/o Village Panhori, Tehsil Deeg District Bharatpur [2025:RJ-JP:19027] (5 of 9) [CW-4649/2025] 9. Bhgawat S/o Parma, R/o Village Panhori, Tehsil Deeg District Bharatpur 10. Chotka S/o Fhate, R/o Village Panhori, Tehsil Deeg District Bharatpur 11. Bodan S/o Mohar, R/o Village Panhori, Tehsil Deeg District Bharatpur 12. Ramswaroop S/o Arami, R/o Village Panhori, Tehsil Deeg District Bharatpur 13. Brijlal S/o Arami, R/o Village Panhori, Tehsil Deeg District Bharatpur 14. Hetram S/o Arami, R/o Village Panhori, Tehsil Deeg District Bharatpur 15. Ramswaroop S/o Shyodan, R/o Village Panhori, Tehsil Deeg District Bharatpur 16. Munshi S/o Badan, R/o Village Panhori, Tehsil Deeg District Bharatpur 17. Bhaudun S/o Badan, R/o Village Panhori, Tehsil Deeg District Bharatpur 18. Karna S/o Badan, R/o Village Panhori, Tehsil Deeg District Bharatpur 19. Ghisa S/o Mangta, R/o Village Panhori, Tehsil Deeg District Bharatpur 20. Natthi S/o Jugla, R/o Village Panhori, Tehsil Deeg District Bharatpur 21. Bhanwar S/o Ramphal, R/o Village Panhori, Tehsil Deeg District Bharatpur 22. Jagan S/o Ramphal, R/o Village Panhori, Tehsil Deeg District Bharatpur 23. Raghuveer S/o Dhunda, R/o Village Panhori, Tehsil Deeg District Bharatpur 24. Raghveer S/o Harbaks, R/o Village Panhori, Tehsil Deeg District Bharatpur 25. Moharsingh S/o Dhundi, R/o Village Panhori, Tehsil Deeg District Bharatpur 26. Shivlal S/o Dhundi, R/o Village Panhori, Tehsil Deeg District Bharatpur 27. Harkishan S/o Nahane, R/o Village Panhori, Tehsil Deeg [2025:RJ-JP:19027] (6 of 9) [CW-4649/2025] District Bharatpur 28. Hariram S/o Narayan, R/o Village Panhori, Tehsil Deeg District Bharatpur 29. Nawla S/o Ramjhagar, R/o Village Panhori, Tehsil Deeg District Bharatpur 30. Bhuli S/o Jhagar, R/o Village Panhori, Tehsil Deeg District Bharatpur 31. Hukam Singh S/o Kare, R/o Village Panhori, Tehsil Deeg District Bharatpur 32. Fhate S/o Bansi, R/o Village Panhori, Tehsil Deeg District Bharatpur 33. Jangli S/o Gangadhar, R/o Village Panhori, Tehsil Deeg District Bharatpur 34. Khillu S/o Gangadhar, R/o Village Panhori, Tehsil Deeg District Bharatpur 35. Shrichand S/o Jugla, R/o Village Panhori, Tehsil Deeg District Bharatpur 36. Khubi S/o Jorawar, R/o Village Panhori, Tehsil Deeg District Bharatpur 37. Chiranji S/o Sundra, R/o Village Panhori, Tehsil Deeg District Bharatpur 38. Kishan S/o Jugla, R/o Village Panhori, Tehsil Deeg District Bharatpur 39. Ramchandra S/o Jorawar, R/o Village Panhori, Tehsil Deeg District Bharatpur 40. Girraj S/o Sukh, R/o Village Panhori, Tehsil Deeg District Bharatpur 41. Yadram S/o Girraj, R/o Village Panhori, Tehsil Deeg District Bharatpur 42. Sukhram S/o Mohan, R/o Village Panhori, Tehsil Deeg District Bharatpur 43. Bhanwar S/o Mohan, R/o Village Panhori, Tehsil Deeg District Bharatpur 44. Ramsingh S/o Brija, R/o Village Panhori, Tehsil Deeg District Bharatpur 45. Ramphal S/o Brija, R/o Village Panhori, Tehsil Deeg District Bharatpur [2025:RJ-JP:19027] (7 of 9) [CW-4649/2025] 46. Bhagwat S/o Brijmohan, R/o Village Panhori, Tehsil Deeg District Bharatpur 47. Jormal S/o Brijmohan, R/o Village Panhori, Tehsil Deeg District Bharatpur 48. Heera Singh S/o Nanga, R/o Village Panhori, Tehsil Deeg District Bharatpur 49. Nanhi S/o Bansi, R/o Village Panhori, Tehsil Deeg District Bharatpur 50. Braji S/o Khunti, R/o Village Panhori, Tehsil Deeg District Bharatpur 51. Devla S/o Narayan, R/o Village Panhori, Tehsil Deeg District Bharatpur 52. Chotalli S/o Kalyan, R/o Village Panhori, Tehsil Deeg District Bharatpur 53. Balla S/o Narayan, R/o Village Panhori, Tehsil Deeg District Bharatpur 54. Gultu S/o Ramphal, R/o Village Panhori, Tehsil Deeg District Bharatpur 55. Raghveer S/o Ramsukh, R/o Village Panhori, Tehsil Deeg District Bharatpur 56. Roopsingh S/o Gokal, R/o Village Panhori, Tehsil Deeg District Bharatpur 57. Amari S/o Bholu, R/o Village Panhori, Tehsil Deeg District Bharatpur 58. Lalla S/o Khushiam, R/o Village Panhori, Tehsil Deeg District Bharatpur 59. Natthi S/o Heerasingh, R/o Village Panhori, Tehsil Deeg District Bharatpur 60. Hukami S/o Parsadi, R/o Village Panhori, Tehsil Deeg District Bharatpur 61. Nware S/o Narayan, R/o Village Panhori, Tehsil Deeg District Bharatpur 62. Heera S/o Birja, R/o Village Panhori, Tehsil Deeg District Bharatpur 63. Tulli S/o Birja, R/o Village Panhori, Tehsil Deeg District Bharatpur 64. Bhagmal S/o Sunder, R/o Village Panhori, Tehsil Deeg [2025:RJ-JP:19027] (8 of 9) [CW-4649/2025] District Bharatpur 65. Brijmohan S/o Harjas, R/o Village Panhori, Tehsil Deeg District Bharatpur 66. Ramchander S/o Mohakam, R/o Village Panhori, Tehsil Deeg District Bharatpur 67. Manohar S/o Parma, R/o Village Panhori, Tehsil Deeg District Bharatpur 68. Ramsingh S/o Natthu, R/o Village Panhori, Tehsil Deeg District Bharatpur ----Respondents For Petitioner(s) : Ms. Sudesh Kasana JUSTICE ANOOP KUMAR DHAND Order 06/05/2025 1. Defect(s) pointed out by the Registry stands waived. 2. By way of filing this writ petition, a challenge has been led to the impugned order dated 09.12.1996 passed by the Board of Revenue (hereinafter referred to as “the Board”) in Reference No.14/87/TA/Bharatpur. 3. A reference was made by the Additional Collector, Bharatpur to the Board against the judgment and decree dated 24.03.1964 passed by Sub-Divisional Officer, Deeg, under Section 232 of the Rajasthan Tenancy Act against several persons and the same was allowed by the Board vide order dated 09.12.1996. 4. Learned counsel for the petitioner submits that the similar/identical reference was allowed with regard to the other land situated in the same village i.e. Panhori, Tehsil Deeg District Bharatpur and the order passed in the said reference was quashed and set-aside by the Division Bench of this Court in D.B. Civil [2025:RJ-JP:19027] (9 of 9) [CW-4649/2025] Special Appeal (W) No.582/1997 (Ram Chandra & Others Vs. Board of Revenue & Others) vide judgment dated 10.10.2007. Learned counsel submits that the petitioners were not aware about the aforesaid reference as they were never served and the ex parte order was passed against them. Learned counsel submits that the petitioner came to know about the aforesaid order when they received notice under Section 91 of the Rajasthan Land Revenue Act, 1956 from the Tehsildar, hence, they have approached this Court by way of filing this writ petition challenging the validity of the order dated 09.12.1996 passed by the Board. 5. In the considered opinion of this Court, no writ petition at such belated stage can be entertained by this Court, as the same has been filed after a delay of 29 years. If it is the case of the petitioners that they were not served before passing of the order by the Board in Reference Petition No.14/87, the petitioners could have approached the Board by way of filing appropriate application for setting aside the order dated 09.12.1996. 6. In case, the petitioners file such application before the Board, it is expected from the Board to hear and decide the same expeditiously, as early as possible, strictly in accordance with law. 7. Accordingly, the writ petition stands disposed of. 8. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/4