Karim Khan vs. State of Rajasthan & Ors. (S.B.CIVIL WRIT PETITION NO.2166/06) Dated:- 30.10.2007. HON'BLE MR.JUSTICE SANGEET LODHA Mr. Varun Goyal, for the petitioner. Mr.B.L.Tiwari, Dy.Government Advocate for the respondent. This writ petition is directed against order dated 23.2.2006 passed by the Board of Revenue, Rajasthan, Ajmer in case no. 121/98 /reference/TA/ Bikaner , whereby the reference made by the Dy.Commissioner, Colonisation, Bikaner vide order dated 5.10.98 questioning the validity of the judgment and decree dated 23.6.86 passed by the Assistant Commissioner, Colonisation, Kolayat declaring the petitioner as Gair Khatedar of 50 bighas of land comprising Khasra no. 164 village Gulamwala, has been allowed and the judgment and decree dated 23.6.86 passed by the Assistant Collector, Colonisation, Kolayat in favour of the petitioner has been set aside. Consequently, the entries made in the revenue record on the basis of the said judgment and decree has also been ordered to be cancelled. The learned Dy.Government Advocate in all fairness submitted that the question raised in the petition with regard to the competence of Dy.Commissioner, Colonisation to make a reference is not more res integra. The learned Dy.Government Advocate submits that the Division Bench of this Court in the matter of Ramzan Khan vs. State of Rajasthan(D.B.Special Appeal No.789/03), decided vide judgment dated 2.3.2007 has already taken the view that the Dy.Commissioner, Colonisation is not competent to make a reference. In this view of the matter , the order passed by the Board accepting the reference and setting aside the judgment and decree dated 23.6.86 passed by the Assistant Commissioner, Colonisation in favour of the plaintiff , so also the order dated 5.10.98 passed by the Dy.Commissioner, Colonisation, Bikaner making a reference to the Board deserve to be set aside. Accordingly, the writ petition is allowed. Order impugned passed by the Board of Revenue dated 20.3.06 and order dated 5.8.98 passed by the Dy.Commissioner , Colonisation, Bikaner are hereby quashed. The matter is remanded to the Commissioner, Colonisation to take decision afresh regarding making a reference, after due examination of the revenue record and keeping in view the relevant provisions of law. No order as to costs. (SANGEET LODHA),J.