and also considered by the learned Single Judge while passing the
impugned order. However, despite passing of such orders, the
State Revenue Authorities, by their intentional silent act, are not
taking necessary action under Section 82, 175 and 214 of the Act
of 1955 as noted above, in respect of the transfer of land in the
State of Rajasthan, in violation of Section 42(b) of the Act of
1955. This Court has noted that State Revenue Authorities are
acting contray to the mandate of Section 42(b) by allowing such
easy illegal transfer in the hands of private person.
This Court cannot shut its eyes to this important issue and
allow such illegality to perpetuate as no authority can be allowed
to act contrary to the constitutional and statutory provisions. Once
it is provided under the statutory laws that transfer, in violation of
section 42(b) is void ab initio, and is well within the knowledge of
all Revenue Authorities, including the sarpanch and other persons,
no further act including mutation and other exercise can be
allowed. The revenue officials of the State are frustrating the
mandate of Section 42(b).
