IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Bhanu Pratap Vs. State of Rajasthan & Others (S. B. Civil Writ Petition No. 8299/2004) S.B. Civil Writ Petition under Articles 226 & 227 of the Constitution of India. Date of Judgment: November 14, 2008 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. S.M.Mehta, Senior Advocate with Mr. Brijesh Yadav, for the petitioner. Mr. A.M.Khan, Dy.G.A. for the respondents. BY THE COURT: The petitioner has challenged the orders dated February 25, 2003 (annexure-11) passed by Collector Stamps, Alwar and April 29, 2004 passed by Board of Revenue, Ajmer (`The Board' for short). 2. Brief facts of the case are that the petitioner purchased 10 bighas land (2.5 hactare) in khasra No.121/144 situated in village Rudhdhninath, Tehsil Ramgarh, District Alwar from Jivan Singh against sale consideration of Rs.2,50,000/- at the rate of Rs.25,000/- per bigha (1 lac per hactare) through sale deed dated February 22, 1999. Required stamp duty of Rs.17,500/- and registration fee of Rs.2,500/- was paid by the petitioner. The nature of the land was alkaline, salty, stony, hilly and it was barren. However, the Tehsildar Ramgarh vide order dated December 31, 1998, treating the land to be Chahi and holding the valuation of the land as Rs.6,27,264/- per hectare according to the rates of District Level Valuation Committee (DLC) issued a notice to the petitioner. Vide order dated December 11, 2000, the Collector (Stamps) determined the rate of the land as Rs.4,75,000/- per hectare and lumsum charge of water boring as Rs.15,000/-. The petitioner challenged the order dated December 11, 2000 before the Board. The Board, vide order dated July 3, 2001, set aside the order of the Collector and remanded the case back to the Tehsildar. After remand, the soil was tested by the Soil Testing Laboratory, Alwar and the land was found alkaline, saline and salty. The Niab Tehsildar also inspected the land under the order of Tehsildar Ramgarh and as per report of Naib Tehsildar the land was hilly and salty. In Revenue record entire land of khasra No.121 is shown as barren land. Adjacent land of khasra No.121/142 was also sold, for which the Collector Stamps vide order dated December 31, 1998 determined the rate of land as Rs.26,000/- per bigha. But in the instant case, learned Collector Stamps vide order dated February 25, 2003 has determined the rate as Rs.2,40,000/- per hectare (Rs.60,000/- per bigha) ignoring his own judgment dated December 31, 1998. The petitioner challenged the order dated February 25, 2003 before the Board by filing revision petition. But the Board dismissed the revision petition vide order dated April 29, 2004. Hence, the instant writ petition. 3. The main contention raised by Mr. S.M.Mehta, learned Senior Advocate representing the petitioner, is that initially when the matter was pending before Collector Stamps, it was pointed out that the adjacent land of khasra No.121/142 comprising of 20 Bighas was sold at the rate of Rs.14,500/-. With regard to said khasra, the Collector had valued the land as Rs.26,000/- per bigha. While passing the impugned order dated February 25, 2003, although this information was readily available on record, but the collector has ignored the said information. Instead, he has assessed the value of the land as Rs.60,000/- per bigha. Thus, a pertinent piece of evidence has been ignored. When the revision petition was filed before the Board, this fact was brought to the notice of the Board. However, without considering this fact, the Board has mechanically dismissed the revision petition vide order dated April 29, 2004. In order to support his contention, learned Counsel has read out relevant lines from the initial order dated December 11, 2000 that this fact was argued and brought to the notice of the courts below. 4. Thus, it is apparent from the facts available on record that the Collector, for the reasons best known to him, chose to ignore the relevant evidence. Since the adjacent land was sold at the rate of Rs.26,000/- per bigha, it is difficult to accept the value assessed by the Collector at the rate of Rs.60,000/- per bigha. Therefore, this Court has no option, but to quash and set aside the impugned order dated February 25, 2003 (annexure-11) passed by the Collector Stamps, Alwar and order dated April 29, 2004 passed by the Board and to remand the case back to the Collector Stamps, Alwar. 5. Consequently, the impugned order dated February 25, 2003 (annexure-11) passed by Collector Stamps, Alwar and order dated April 29, 2004 passed by Board of Revenue, Ajmer are quashed and set aside. The case is remanded back to the Collector Stamps, Alwar to decide the case afresh, in the light of order dated December 31, 1998 and the observations made hereinabove, in accordance with law. 6. The writ petition is hereby allowed with no order as to costs. ( R.S. CHAUHAN ) J. arn