1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.7271/2008. (Banshi Lal Vs. State of Rajasthan & Others) DATE OF ORDER : September 18, 2008 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr Sudesh Gupta for the petitioner. BY THE COURT : This writ petition is a glaring example of misusing the judicial process. The petitioner initially on the basis of adoption-deed which is said to have been executed by late Banta Singh @ Teja Singh s/o Khajana r/o Khatiyad, Tehsil Fatehpur (District Kangla), Himachal Pradesh, filed a petition for allotment of land as successor of a Pong Dam oustee Banta Singh s/o Khajana. The said claim was rejected vide judgment dated 29.07.1998 in which the petitioner has shown himself as son of Khajana, therefore, while observing the above facts that the petitioner has used name of his father as Khajana who was said to be father of Pong Dam oustee Banta Singh who died on 26.11.1975. The said application was dismissed vide judgment dated 29.07.1998. In that order, it was further observed in para 9 that the original allottee Banta Singh died on 14.08.1975 and no legal heir has filed any 2 application before the competent authority nor anybody appeared, therefore, the land which is allotted to late Banta Singh shall be entered in the name of State. The said order was passed upon the application filed by the petitioner showing himself as son of Khajana. The petitioner has now made an attempt to file the present writ petitioner on the ground that he has been declared legal heir by the Sub Divisional Magistrate of Javali district on 08.02.2006 on the basis of will executed in his favour on 19.07.1975 by late Banta s/o Khajana, therefore, the impugned order dated 29.07.1998 passed before 10 years may be set aside and, on the basis of the fresh certificate of legal heir declaring the petitioner as legal heir of Banta the land may be allotted in his name. In my opinion, the petitioner’s writ petition deserves to be dismissed on this ground alone that earlier, in the year 1998, the present petitioner preferred proceedings on the basis of adoption deed executed by late Banta Singh in his favour on 27.03.1986 for allotment of land showing himself son of Khajana and in that proceedings his claim was rejected and land was entered in the name of the State. Now, petitioner has preferred this writ petition on the ground that a will was executed in his favour on 19.07.1975 by late Banta, therefore, he is legal heir of late Banta, the original allottee. I am unable to understand when the will was in his favour, then, why he has initiated proceedings on the basis of so-called adoption deed dated 27.03.1986 which is obviously forged because as per petitioner himself Shri Banta Singh died on 14.08.1975 i.e., after 11 years of 3 death of late Banta s/o Khajana, the original allottee. Therefore, again on the basis of concocted story and obtaining false certificate he has tried to mislead this Court, more so without approaching the authority who dismissed the claim of the petitioner on the basis of fraud committed by him. In this view of the matter the writ petition filed by the petitioner is dismissed with cost of Rs.1,000/-. (Gopal Krishan Vyas) J. Ojha, a.