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Land Dispute Resolved: Court Upholds BOR Decision, Emphasizes Legal Precedents and Rejects Petitioner’s Claims Under Article 227

Title: Amar Chand S/o Moolchand and ORS. Vs State of Rajasthan and ORS.

Citation: S.B. Civil Writ Petition No. 9798/2016

Coram: HON’BLE MR. JUSTICE SAMEER JAIN

Decided on: 29/03/2023.

Introduction:

The current petition, filed under Article 227 of the Constitution of India, challenges the order dated 29.06.2016, issued by the Board of Revenue (BOR) Ajmer in Revision/6763/2011. This order favored the respondents in their revision petition. The case revolves around Mutation Entry No. 192 dated 20.04.2002, issued by the Gram Panchayat in Sandeda, Tehsil Peeplu, District Tonk

Facts:

The current legal matter involves a dispute over a piece of land measuring 29 Bigas 11 Biswa, claimed by both the petitioners and respondents. The petitioners argue that the land belonged to their ancestors, presenting evidence to support their claim. The legal proceedings include an appeal before the Sub Divisional Officer (SDO), Piplu, Tonk, which was initially allowed, leading to a remittance of the case to the Tehsildar for fresh consideration. Subsequent appeals and revisions followed, with the Board of Revenue ultimately reversing the earlier decisions in favor of the respondents. The petitioners assert that the Board of Revenue’s decision was based on incomplete consideration, highlighting applications they filed indicating the revision’s ineffectiveness due to the successful challenge of the Tehsildar’s order. They also point out the death of some non-applicants, leading to the abatement of the revision.

In response, the respondents argue that the Civil Court’s decision in Suit No. 60/2003 validated their status as legal successors and upheld the validity of mutation entries. They contend that the orders challenged in the revision become irrelevant in light of the Civil Court’s findings. The respondents emphasize the sub judice nature of the matter before the Board of Revenue, downplaying the significance of the Tehsildar’s order and the mutation entry for legal rights.

The court, in considering the case under Article 227 of the Constitution of India, emphasizes the limited scope of interference and the need for sparing use of this jurisdiction. The judgment underscores that such powers are not meant to convert the High Court into an appellate authority but to ensure the subordinate courts adhere to the law. The court refers to precedents, including the principle that orders below are presumed justified if passed after due consideration of facts and materials on record.

Judgement analysis:

In this judgment analysis, the court addresses a dispute over a piece of land by considering the facts and legal arguments presented. The court notes that the Civil Suit No. 60/2003 for declaration was decided against the petitioners by the Trial Court, with specific issues related to the legal successor of the deceased Veerumal and the validity of mutation entries. The Board of Revenue (BOR) took this into account and concluded that once the Trial Court had decided these issues, the matter before the BOR was adjudicated. The court rejects the petitioner’s argument that the Tehsildar’s denovo investigation and fresh order should be considered. It cites legal precedents, emphasizing that mutation entries do not determine land title and are fiscal in nature. The court agrees with the BOR’s reliance on the Civil Court’s decision in Suit No. 60/2003, which addressed title and succession issues concerning Veerumal, and dismisses the significance of any subsequent order by the Tehsildar.

The judgment underscores that the BOR’s decision was well-reasoned, in accordance with legal principles, and did not violate natural justice. The court supports the BOR’s conclusion and finds no grounds for interference under Article 227 of the Constitution of India. Consequently, the writ petition is dismissed as devoid of merits, and any pending applications are disposed of.

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Written By: Gauri Joshi

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