1 S.B.C.W. NO. 4943/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO. 4943/2009 Hazari Mal Vs. Board of Revenue and Others Date of Order : : 18.05.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. K.C.Samdariya for the petitioner. BY THE COURT Heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that respondent No.5 Kirta Ram filed a suit against the respondent No.6 Chompa and Maga before Assistant Collector, Bhinmal and that suit came to be decreed and thereafter the respondent No.5 Kirta Ram sold the land to the petitioner by registered sale deed to the petitioner. However, the reference has been made by the State against Kirta Ram and during the proceedings though Kirta Ram was party but the petitioner was not impleaded as party and therefore, the petitioner was not having any opportunity of putting his case 2 S.B.C.W. NO. 4943/2009 before the the authorities below. From the order impugned, it appears that the land originally was allotted in favour of Maga, a member of Scheduled Caste and Maga transferred the said land in favour of respondent No.6 Chompa who also is a member of scheduled caste and it is stated that Kirta Ram filed a suit against respondent No.6 Chompa and Maga and that suit has been decreed in violation of Section 42 of the Rajasthan Tenancy Act. The Board of Revenue, relying on decision of this Court held that the reference is competent. This controversy came to be considered by this Court and ultimately this Court held that such transfer is in contravention of Section 42 of the Rajasthan Tenancy Act and that decision has been upheld by the Division Bench of this Court in D..B.Special Appeal (Writ) No. 276/08 Chhail Singh and Ors. Vs. State of Rajasthan and Ors. decided on 17.4.2008. In this view of the matter, I do not find any ground to interfere with the order impugned. The writ petition is therefore, dismissed. (H.R. PANWAR), J. Rp 3 S.B.C.W. NO. 4943/2009 S.B.Civil Stay Petition No. 7969/09 In S.B.Civil Writ Petition No. 4943/2009 Date of Order : 18/05/2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. K.C.Samdariya for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R. PANWAR), J. Rp