LexSTATE OF RAJASTHAN & ORS. versus JEEV RAJ & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011] 10 S.C.R. 241 STATE OF RAJASTHAN & ORS. A V. JEEV RAJ & ORS. (Civil Appeal Nos. 1585-1586 of 2005) AUGUST 11, 2011 B [P. SATHASIVAM AND H.L. GOKHALE, JJ.] RAJASTHAN LAND REVENUE ACT: Power to grant patta - 'Bapi Patta' for 603.16 bighas of c land granted - Patta cancelled, but later restored in respect of 460. 15 bighas by Public Health and Engineering Department (PHED) - Held: It was the Land Revenue Department which alone had the power under the Act to grant land to any person - The allotment of land was without 0 jurisdiction as the PHED was not empowered to transfer the land. Section 259 -- Jurisdiction of civil court - Patta for 603. 16 bighas of agricultural land cancelled as the said land was the E part of catchment area of a canal- By order dated 23.4.1969 PHED restored 460. ·15 big has of land - Order dated 23.4. 1969 cancelled - Revision petition pending before Revenue Minister -- Suit filed before the Court of Munsif - Decreed - Subsequently, Revenue Minister cancelled the F order dated 23.4.1969 - Division Bench of High Court in appeal arising of a writ petition upheld the validity of the order dated 23. 4. 1969 on the principle of res judicata - Held: In view of s. 259, jurisdiction of civil court is ousted - Further, the validity of allotment order dated 23. 4. 1969 was not considered G on merits - Therefore, principle of res judicata shall not apply - It is not in dispute that validity of the order dated 23.4.1969 has not been adjudicated by any appellate I revisional forum - Therefore, it is desirable that since the State Government 241 H 242 SUPREME COURT REPORTS [2011] 10 S.C.R. I\ is going to decide the allotment of 143 bighas of land, it may as well decide the grant of remaining 460. 15 bighas of land allotted by order dated 23.4.1969 - The Court is also of the view that in larger public interest no land can be allotted or granted if it obstructs the flow of water - Impugned order of B High Court is set aside and Revenue Department of the State Government is directed to decide the matter afresh - Res judicata. On 12.10.1941 respondent no. 1 and his brother were granted 'Bapi Patta' No. 14 for 603.16 bighas of C agricultural land. However, as the land in question was part of the catchment area of the canal and the stone slabs constructed by the respondents were obstructing the flow of water, the patta was cancelled on 19.7.1942 and the respondents were paid Rs. 9,377/- as D compensation. In the year 1968, the respondents again claimed compensation of Rs. 73,885/- as price of the land in question and the stone slabs. The Public Health and Engineering Department (PHED), by an order dated 23.4.1969 restored the land in question (460.15 bighas) to E the respondents in lieu of compensation amount. However, the restoration of the land was cancelled by the State Government on 1.5.1973. The respondents challenged the order in a writ petition and the single Judge of the High Court quashed the order dated F 1.5.1973 with liberty to the State Government to reopen the order dated 23.4.1969 by giving opportunity of hearing to the respondents. The State Government, accordingly, issued notice to the respondents to recall the order dated 23.4.1969 and for their eviction. The G respondents filed objections, and also filed a suit in the Court of Munslf. The suit was decreed on 30.6.1982. Subsequently, In the revision petition for cancellation of plot granted in 1969,'the Revenue Minister by order dated 15.12.1992, cancelled the order dated 23.4.1969. The H respondents challenged the said order in a writ petition STATE OF RAJASTHAN & ORS. v. JEEV RAJ & 243 ORS. before the High Court and the single Judge allowed the A same. The Division Bench of the High Court dismissed the appeal of the State Government and allowed the cross-objections of the respondents as regards 460.15 bighas of land and remitted the matter to the Revenue Minister as far as the remaining land of 143 bighas was B concerned. Aggrieved, the State Government filed the appeals. Allowing the appeals, the Court HELD: 1.1 The order passed on 23.04.1969 was by C the Public Health Engineering Department whereas it was the Land Revenue Department which alone had the power under the Land Revenue Act to grant land to any person. Thus, the allotment of land was without jurisdiction as the PHED was not empowered to transfer D such a huge chunk of 460.15 bighas
Excerpt shown. Read the full judgment & AI analysis in Lexace.