Ajij Khan And Ors vs State And Ors on 22 July, 2026

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    Rajasthan High Court – Jodhpur

    Ajij Khan And Ors vs State And Ors on 22 July, 2026

    Bench: Pushpendra Singh Bhati, Praveer Bhatnagar

    [2026:RJ-JP:31763-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
                    D.B. Special Appeal Writ No. 1975/2011
                             CNR: RJHC010012662011
                             URN: SAW / 4552U / 2011
    1. Ajij Khan S/o Shri Murad Khan
     2. Late Longe Khan S/o Shri Aamad Khan through LRs
           2/1 Rahima W/o Shri Longe Khan
           2/2 Yasir Khan
           2/3 Yar Mohd.
           2/4 Sone Khan
           2/5 Moldin
           2/6 Aadt Khan
           2/7 Sher Khan
    3. Late Dine Khan S/o Aamd Khan through LRs
           3/1 Mariyam W/o late Dine Khan
           3/2 Isak
           3/3 Fattan
     4. Gaji Khan S/o Shri Aamd Khan
     5. Sharif Khan S/o Shri Aamd Khan
     6. Late Gagan Khan S/o Late Shri Aamd Khan through LRs
           6/1 Sohini W/o Late Gagan Khan
           6/2 Gulsher Khan
           6/3 Surjan Khan
     7. Late Shri Sadak Khan S/o Late Aamd Khan through LRs
           7/1 Maluk Khan
           7/2 Bage Khan
           7/3 Subhan Khan
           7/4 Khan Mohd.
           7/5 Karim Khan
     8. Maluk Khan S/o Shri Sadak Khan
     9. lasin Khan S/o Longe Khan
     10. Rasul Khan S/o Sank Khan
     11. Late Futan Khan S/o Shr Mangal Khan through LRs
             11/1 Hamir Khan
             11/2 Resham Khan
             11/3 Hindal Khan
             11/4 Aaldin Khan S/o Late Shri Futan Khan
     12. Hamir Khan S/o Futan Khan
     13. Resham Khan S/o Futan Khan
     14. Mishri Khan S/o Mohd. Khan
     15. Late Shri Raje Khan S/o Shri Mohd. Khan through LRs
           15/1 Shafiyat Bewa Raje Khan
           15/2 Feze Khan
           15/3 Kambhir Khan
           15/4 Dose Khan S/o Late Shri Raje Khan
     16. Abdul Khan S/o Mohd. Khan
     17. Late Shri Sayne Khan S/o Sumar Khan through LRs
           17/1 Rupa W/o Late Shri Sayne Khan
           17/2 Ladu Khan
           17/3 Sher Khan
           17/4 Surjan Khan
    
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          17/5 Alayar Khan
          17/6 Magne Khan
          17/7 Mthar Khan S/o Late Shri Sayne Khan
    18. Sharif Khan S/o Shri Sumar Khan
    19. Late Shri Hakim Khan S/o Sumar Khan through LRs
          19/1 Purande Khan S/o Hakim Khan
          19/2 Husain Khan
          19/3 Jame Khan
          19/4 Hasan Khan S/o Hakim Khan
    20. Husain Khan S/o Hakim Khan
    21. Jamme Khan S/o Hakim Khan
    22. Late Shri Serdin S/o Ali Khan through LRs
          22/1 Shafi Khan S/o Late Shri Serdin
    23. Ali Khan S/o Sumar Khan
    24. Meere Khan S/o Shri Ali Khan
    25. Nibab Khan S/o Sumar Khan
    26. Alabacnaye Khan S/o Shri Ali Khan
    27. Late Shri Natthe Khan S/o Dawat Khan through LRs
          27/1 Bakse Khan
          27/2 Dine Khan
    28. Dine Khan S/o Natthe Khan
    29. Saleman Khan S/o Khudabak
    30. Late Shri Ijate Khan S/o Shikiye Khan through LRs
          30/1 Jamme Khan
          30/2 Jiwane Khan
          30/3 Ladu Khan
          30/4 Jaan Mohd.
          30/5 Ramjaan S/o Shri ljate Khan
    31. Jiwane Khan S/o ljate Khan
    32. Ladu Khan S/o Shri Ijate Khan
    33. Abdul Khan S/o Alayne Khan
    34. Late Shri Aajim S/o Shri Muse Khan through LRs
          34/1 Nihali W/o Late Shri Aajim Khan
          34/2 Gaji Khan
          34/3 Aamad Khan
          34/4 Jameshah Khan
    35. Lukman S/o Shri Kamal Khan
    36. Ishak Khan S/o Lukman Khan
    37. Jiraj S/o Shri Allabaks Khan
    38. Late Shri Alayne Khan S/o Ratnu Khan through LRs
          38/1 Rahmat W/o Late Shri Alayne Khan
          38/2 Khere Khan S/o Shri Alayne Khan
    39. Khere Khan S/o Alayne Khan
    40. Late Shri Resham Khan S/o Kayam Khan through LRs
          40/1 Sahibi W/o Late Shri Resham Khan
          40/2 Dayma Khan
          40/3 Chandane Khan
          40/4 Shoraab Khan S/o Late Resham Khan
          40/5 Dilbar S/o Resham Khan
    41. Dayam Khan S/o Resham Khan
    42. Dilbar Khan S/o Resham Khan
    43. Jamaal Khan S/o Laakhe Khan
    44. Pathan Khan S/o Laakhe Khan
    
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    45. Jaangi Khan S/o Laakhe Khan
    46. Sadi Khan S/o Laakhe Khan
    47. Sawai S/o Jamaal Khan
    48. Sakhi Khan S/o Maru Khan
    49. Late Shri Maane Khan S/o Mamud Khan through LRs
          49/1 Aalmi W/o Late Shri Maane Khan
          49/2 Nabibaks
          49/3 Alsher
          49/4 Meer Khan
          49/5 Sher Khan S/o Late Shri Maane Khan
    50. Pirane Khan S/o Maane Khan
    51. Late Shri Nagedar Khan S/o Maane Khan through LRs
          51/1 Ibrahim Khan
          51/2 Rane Khan S/o Nagodhar Khan
    52. Late Shri Nabibaks S/o Maane Khan through LRs
          52/1 Mirgai W/o Late Shri Nabibaks Khan
          52/2 Imamdin
          52/3 Wilal Khan
          52/4 Bhure Khan
          52/5 Ise Khan
    53. Late Shri Ridmal S/o Momdu Khan through LRs
          53/1 Dhula W/o Late Shri Ridam
          53/2 Mauldin
          53/3 Mube Khna
          53/4 Goram Khan S/o Ridmal Khan through LRs
                53/4/1 Jummi W/o Shri Goram Khan
                53/4/2 Ishan Khan S/o Shri Goram Khan
    54. Male Khan S/o Mahmud Khan
    55. Late Shri Dite Khan S/o Mahmud Khan through LRs
          55/1 Sabira W/o Dite Khan
          55/2 Imamdin S/o Dite Khan
          55/3 Use Khan S/o Dite Khan
    56. Marush Khan S/o Shri Murad Khan
    57. Mahendra Khan S/o Mane Khan
    58. Late Shri Kasam Khan S/o Aalaabraye Khan through LRs
          58/1 Jami W/o Aalaabraye Khan
          58/2 Mithe Khan S/o Aalaabraye Khan
          58/3 Mauldin S/o Aalaabraye Khan
          58/4 Idhan Khan S/o Aalaabraye Khan
    59. Hasm Khan S/o Shri Alabaraye Khan
    60. Baks Khan S/o Natthe Khan
    61. Amir Khan S/o Vishne Khan
    62. Noordin S/o Vishne Khan
    63. Saleman S/o Amir Khan
    64. Saradin S/o Amir Khan
    65. Mehrdin S/o Amir Khan
    66. Gafur S/o Shri Amir Khan
    67. Akbar S/o Badan Khan
    68. Late Shri Meer Mohd. S/o Badan Khan through LRs
          68/1 Aaysha W/o Shri Meer Mohd.
          68/2 Rauf Khan S/o Shri Meer Mohd.
          68/3 Bashi Khan S/o Shri Meer Mohd.
          68/4 Vahid Khan S/o Meer Mohd.
    
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    69. Ratan S/o Jaimal Khan
    70. Gulam S/o Jaimal Khan
    71. Late Shri Jaimal Khan through LRs
          71/1 Asiyat Bewa W/o Jaimal Khan
          71/2 Saraadin
          71/3 Mehardin
          71/4 Kherdin
    72. Late Shri Chane Khan S/o Aadat Khan through LRs
          72/1 Mishra W/o Late Shri Chane Khan
          72/2 Sodhe Khan
          72/3 Noore Khan
    73. Late Shri Jaam Khan S/o Aalam Khan through LRs
          73/1 Khete Khan S/o Late Shri Jaam Khan
    74. Khete Khan S/o Jaam Khan
    75. Sumar Khan S/o Aalam Khan
    76. Mehardin S/o Bachche Khan
    77. Baks Khan S/o Bchaye Khan
    78. Laldin S/o Bachche Khan
    79. Late Nidam Khan S/o Shri Bachche Khan through LRs
          79/1 Amri W/o Late Nidam Khan
          79/2 Jumme Khan
          79/3 lkhu Khan
    80. Sodhe Khan S/o Chane Khan
    81. Noore Khan S/o Chane Khan
    82. Late Shri Miye Khan S/o Marakh Khan through LRs
          82/1 Muse Khan
          82/2 Ilamdin
    83. Tayar Khan S/o Shri Maluk Khan
    84. Poonu Khan S/o Maluk Khan
    85. Mishri S/o Maluk Khan
    86. Sayri S/o Tayar Khan
    87. Hakim S/o Tayar Khan
    88. Late Shri Badal Khan S/o Naare Khan through LRs
          88/1 Sahjan W/o Late Shri Badal Khan
    89. Jalal S/o Alarakh Khan
    90. Late Shri Alarakh Khan S/o Soharaab Khan through LRs
          90/1 Hasain Khan
          90/2 Jalaal Khan
    91. Husain Khan S/o Alarakh Khan
    92. Gaji Khan S/o Hasal Khan
    93. Late Shri Hasal Khan S/o Dawat Khan through LRs
          93/1 Gaji Khan S/o Late Shri Hasal Khan
    94. Late Shri Latib S/o Ibre Khan through LRs
          94/1 Amri W/o Late Shri Latib
    95. Tajmon S/o Shri Kherdin
    96. Nasir S/o Roje Khan
    97. Late Shri Same Khan S/o Kale Khan through LRs
          97/1 Pirane Khan S/o Same Khan
    98. Late Shri Laldin S/o Sultan khan through LRs
          98/1 Saheb Khan
          98/2 Hanif Khan
          98/3 Ishak
          98/4 Ajij
    
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         98/5 Imamdin
    99. Hanif S/o Laldin
    100. Ata Mohd. S/o Same Khan
    101. Late Shri Same Khan S/o Shri Aadam Khan through LRs
         101/1 Aalmi W/o Shri Same Khan
         101/2 Ata Mohd.
         101/3 Kayamdin
         101/4 Taaj Mohd.
         101/5 Noordin
         101/6 Safi Mohd.
    102. Taaj Mohd. S/o Same Khan
    103. Late Shri Noordin S/o Same Khan through LRs
         103/1 Ajmat
         103/2 Mujafar
         103/3 Salaam S/o Noordin
    104. Kayamdin S/o Same Khan
    105. Late Shri Jasma W/o Maluk Ke through LRs
         105/1 Sale Mohd. S/o Shri Jama Ke through LRs
         105/2 Husain S/o Sale Mohd.
    106. Ata Mohd. S/o Sumer Khan
    107. Aamdin S/o Sumer Khan
    108. Naine Khan S/o Sumre Khan
    109. Kayamdin S/o Sumre Khan
    110. Late Shri Dule Kham S/o Bali Khan through LRs
         110/1 Mima W/o Dule Khan
         110/2 Iliyas
         110/3 Hasam
    111. Late Shri Sabira W/o Shri Sumare Khan through LRs
         111/1 Ata Mohd.
         111/2 Naine Khan
         111/3 Aamdin
         111/4 Kayamdin
    112. Latif S/o Aarab Khan
    113. Sarif S/o Aarab Khan
    114. Dine Khan S/o Bariyaam Khan
    115. Late Shri Haji Khan S/o Lakhe Khan through LRs
         115/1 Hakim Khan
         115/2 Laakhe Khan
    116. Jame Khan S/o Dawad Khan
    117. Moyab Khan S/o Dawad Khan
    118. Late Shri Chhute Khan S/o Dawad Khan through LRs
         118/1 Dine Khan
         118/2 Taje Khan
    119. Taj Mohd. S/o Shri Chhute Khan
    120. Ummed Ali S/o Sultan Khan
    121. Rahim S/o Sultan Khan
    122. Nijam S/o Nage Khan
    123. Kayamdin S/o Nage Khan
    124. Kherdin S/o Shobhe Khan
    125. Meer Mohd. S/o Haale Khan
    126. Amir S/o Hale Khan
    127. Nasir S/o Mumbe Khan
    128. Saradin S/o Mumbe Khan
    
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    129. Ajij Khan S/o Bhale Khan
    130. Sadik S/o Mumbe Khan
    131. Late Kami W/o Joge Khan through LRs
          131/1 Nibab Khan
    132. Nawab Khan S/o Joge Khan
    133. Noore Khan S/o Joge Khan
    134. Bhikhe Khan S/o Khete Khan
    135. Late Shri Haji Khan S/o Mehtaab Khan through LRs
          135/1 Alarkhi W/o Late Shri Haji Khan
          135/2 Nase Khan
          135/3 Saau
          135/4 Ate Khan
    136. Late Shri Mishri Khan S/o Sumer Khan through LRs
          136/1 Ummed W/o Mishri Khan
      All the petitioners through their power of attorney holder
      Mahammad Saabir S/o Late Haji Anwar Hussain aged about 30
      Years R/o Khanda Falsa Nayi Gali, Jodhpur
                                                                              ----Appellants
                                            Versus
        1. State of Rajasthan through Collector, Jaisalmer
        2. The Board of Revenue for Rajasthan, Ajmer
        3. The Tehsildar (Land Record) Jaisalmer
        4. The Sub-Divisional Officer, Jaisalmer
        5. Late     Brijraj     Singh         Ji,      through          his    legal   heirs
           (Representatives):
               R/5/1- Mukutrajya Laxmi W/o Late Shri Maharawal Shri
               Raghunath Singh Ji (Mother)
               R/5/2- Raseshwari Rajyalaxmi W/o His Highness
               Maharawal Shri Brijraj Singh Ji.
               R/5/3- Chaitanya Raj Singh S/o His Highness
               Maharawal Shri Brijraj Singh Ji.
               R/5/4- Janmejay Raj Singh S/o His Highness Maharawal
                Shri Brijraj Singh Ji.
        6. Prithviraj Singh S/o Raghunath Singh
        7. Smt. Mukatrajya Laxmi W/o Raghunath Singh
        8. Yadunandini D/o Raghunath Singh
        9. Chandra Kanwar D/o Raghunath Singh
      10. Rashmi Kumar D/o Raghunath Singh
     11. Sushma Kumari D/o Raghunath Singh
    (Respondent No. 5-11 are the legal representatives of the
    Erstwhile Ruler of Jaisalmer, Shri Raghunath Singh) R/o
    Hanuman Choraha Jaisalmer
                                                                          ----Respondents
                                     Connected With
                    D.B. Special Appeal Writ No. 1348/2011
                              CNR: RJHC010010072010
    
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                                 URN: SAW / 3145U / 2011
         The State of Rajasthan through the Tehsildar Jaisalmer, District
         Jaisalmer.
                                                                               ----Appellant
                                                Versus
         Legal Representatives of Shri Raghunath Singh S/o Shri Girdhar
         Singh, Ex-ruler of Jaisalmer:-
         1. Brijraj Singh S/o Shri Raghunath Singh through his legal heirs
         (Representatives)
               R/1/1- Mukutrajya Laxmi W/o Late Shri Maharawal Shri
               Raghunath Singh Ji (Mother).
               R/1/2- Raseshwari Rajyalaxmi W/o His Highness Maharawal
               Shri Brijraj Singh Ji (Wife).
               R/1/3- Chaitanya Raj Singh S/o His Highness Maharawal
               Shri Brijraj Singh Ji (Son).
               R/1/4- Janmejay Raj Singh S/o His Highness Maharawal
               Shri Brijraj Singh Ji (Son).
               All are residents of Mandir Palace, Jaisalmer.
         2. Prithviraj Singh S/o Shri Raghunath Singh.
         3. Smt. Mukutrajya Laxmi W/o Shri Raghunath Singh.
         4. Ms. Yadunandini.
         5. Ms. Chandra Kanwar.
         6. Ms. Rashmi Kumari.
         7. Ms. Sushma Kumari
             Respondents No. 4 to 7 D/o Shri Raghunath Singh by caste
             Rajput R/o Jaisalmer.
         8. The Board of Revenue for Rajasthan at Ajmer.
                                                                            ----Respondents
    
    
         For Appellant(s)             :    Mr. N.S. Rajpurohit, AAG with
                                           Ms. Aditi Sharma and Ms. Kanchan
                                           Kanwar Jodha
                                           Mr. J.L. Purohit, Sr. Adv. assisted by
                                           Mr. Rajeev Purohit
                                           Mr. Deepak Chandak, AAAG
                                           Mr. Kunal Updhyay
         For Respondent(s)            :    Mr. Rajesh Joshi, Sr. Adv.
                                           Ms. Kamini Joshi
                                           Mr. Devesh A Purohit
                                           Mr. Siddharth Mehra (through VC)
    
    
             HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

    HON’BLE MR. JUSTICE PRAVEER BHATNAGAR
    Order

    Date of conclusion of arguments:- 09.07.2026

    SPONSORED

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    Date on which the judgment was Reserved:- 09.07.2026
    Whether the full judgment or only the operative part is
    pronounced:- Full Judgment
    Date of pronouncement:- 22.07.2026
    Per: Praveer Bhatnagar, J.

    (Both the appeals are being decided together.)

    In D.B. Special Appeal Writ No. 1348/2011

    1. The appellant-State has challenged the impugned judgments

    passed by the Board of Revenue dated 09.06.2009, as well as

    order dated 16.07.2010 passed in SB Civil Writ Petition

    No.10943/2009, vide which the decision of the Board of Revenue

    was upheld.

    2. The Board of Revenue, in the impugned judgment dated

    09.06.2009, disallowed the reference made by the District

    Collector, Jaisalmer, for correcting the settlement entries

    concerning the disputed property.

    3. The learned A.A.G., appearing on behalf of the appellant-

    State, disputes the conclusions of the Courts, emphasizing that

    the pasture land listed in the inventory cannot be legitimately

    entered in the names of the respondents under Section 6 of the

    Rajasthan Land Reforms and Acquisition of Land-Owners Estates

    Act, 1963 (For brevity, hereinafter referred to as the ‘Act of

    1963’), read with the bar contained under Section 16 of the

    Rajasthan Tenancy Act, 1955 (For brevity, hereinafter referred to

    as the ‘Act of 1955′). The Settlement Department erred by

    entering the respondents’ names in the Jamabandi. The learned

    A.A.G. also challenged the findings whereby the Board of Revenue

    held that the State failed to demonstrate under which law the

    inventory was prepared. It is strongly contended that, in reference

    to the Board of Revenue, the District Collector, in its order dated

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    25.04.1989, specifically mentioned that the entries concerning the

    disputed property, in relation to the Act of 1963 and the Act of

    1955, exclude the pasture land from being recorded as Khatedari

    land. Conversely, the Board of Revenue noted that bl buosVa jh
    esa ;g oknxzLr vkjkth ,oa 26 sq mile dh vkjkth ds laca/k esa fy[kk x;k
    gS fd “The Ruler will have the rights to graze his cattle in an area

    of 46 Sq. miles described below – (a) Basanpir- 20 Sq. miles, (b)

    Dewa – 20 Sq. miles (c) Bhadwar 6 Sq. miles.”

    lkFk gh ;g Hkh fy[kk gqvk gS fd “There is no objection to His
    Highness having fodder cut and stored in the area of 46 Sq. miles

    allotted to him.”, thereby acknowledging the existence.

    4. Furthermore, the learned AAG questions the dismissal of the

    reference on the grounds of res judicata and delay and, in support

    of the arguments, places reliance upon the Full Bench Judgment

    passed in the matter of Tara & Ors. vs State of Rajasthan &

    Anr. AIR 2015 RAJ 179 (FB).

    5. The learned Senior Counsel Shri Rajesh Joshi, representing

    the respondent, supports and justifies the findings of both Courts

    and contends that the Tehsildar should not have referred the

    matter to the District Collector, as it was barred by res judicata

    and further inordinately delayed.

    6. Before outlining the issues at hand, it is pertinent to describe

    the factual background.

    7. The matter was referred by the Tehsildar, Jaisalmer, in 1983,

    under Section 82 of the Rajasthan Land Revenue Act, to the Board

    of Revenue, Ajmer, seeking correction of an error committed by

    the Settlement Department. The assertion was that, in the

    inventory prepared under Section 2 of the Act of 1963, the land

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    was recorded as “The Ruler will have the rights to graze his cattle

    in an area of 46 Sq. miles described below – (a) Basanpir- 20 Sq.

    miles, (b) Dewa – 20 Sq. miles (c) Bhadwar 6 Sq. miles. There is

    no objection to His Highness having fodder cut and stored in the

    area of 46 Sq. miles allotted to him.”, and in the settlement record

    it was wrongly entered to show the respondents as Khatedar.

    According to the Act of 1955, land cannot be entered as Khatedari

    land in this manner. The reference was subsequently withdrawn on

    18th January 1984 because a stay was in effect by the High Court.

    8. Subsequently, the District Collector, Jaisalmer, after the

    withdrawal of the first reference, received a second reference from

    the Tehsildar reiterating the earlier claim. The District Collector

    observed that under the inventory prepared under Section 2 of the

    1963 Act, the disputed land was shown as “Pasture Land”, and in

    accordance with Section 16 of the 1955 Act, the land had been

    incorrectly entered as Khatedari land.

    9. The Collector subsequently referred the matter to the Board

    of Revenue. In the judgment dated 30.08.1991, the Board of

    Revenue accepted the reference; however, it did not address the

    disputed land and instead concerned to the other properties.

    Respondents then challenged this decision before the Division

    Bench by filing D.B. Civil Writ Petition No. 466/1992. During the

    pendency of the writ petition, an application for correction of the

    judgment was filed before the Board of Revenue, which allowed

    the correction by order dated 18.06.1997. This correction

    explicitly included the disputed property within the reference.

    10. The Division Bench, vide order dated 10.08.1999,

    considering the aforementioned order and the order under

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    challenge dated 30.08.1991, remanded the matter to the Board of

    Revenue for a fresh decision on the reference concerning the

    disputed property.

    11. The Board of Revenue rejected the reference vide impugned

    judgment holding that, apart from the inventory, no other

    effective document has been produced in the file of the

    subordinate Court on behalf of the State Government or the

    opposite parties.

    12. The Board also inferred that in the revenue jamabandis from

    Vikram Samvat 2041 to 2044 (1984-1987 as per Gregorian

    Calendar) and from Vikram Samvat 2029 (1972- as per Gregorian

    Calendar) to Vikram Samvat 2048 (1991- as per Gregorian

    Calendar), the Ex-Ruler is mentioned as the estate-holder in the

    Columns 2 and 4 of the Jamabandis. The Board also concluded

    that the Tehsildar has not submitted any evidence regarding the

    entry made in the Khatauni from Samvat 2014 (1957-as per

    Gregorian Calendar). In such circumstances, it cannot be believed

    that the disputed land was actually allotted to the heirs of the Ex-

    Ruler solely for grazing cattle. If this were true, the State

    Government would have presented a copy of the allotment order

    to the District Collector, Jaisalmer, which is not present in the file.

    In the absence of the necessary documentation, it cannot be ruled

    out that in the Khatauni of Vikram Samvat 2014, the note was

    illegally inscribed without the order of any competent authority.

    13. The appellant-State challenged this matter by filing S.B. Civil

    Writ Petition No. 10943/2009, which was dismissed vide order

    dated 16.07.2010; consequently, this appeal ensues.

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    14. In the aforesaid backdrop, we have heard the rival

    contentions and perused the material available on record.

    15. It is established that following the enactment of the Act of

    1963, the disputed property was recorded in the inventory as

    “Pasture Land” and vested in the State. The definitions of estate,

    land, landowner and inventory are clearly outlined in Sections

    2(b), 2(f), 2(g), and 2(d) of the Act, respectively. A thorough

    interpretation of these provisions confirms that pasture land is

    inherently considered a part of the State and is vested in the State

    by natural implication of the Act. An Ex-Ruler’s claim to pasture

    land is strictly limited. They cannot assert rights over properties

    outside those within the scope of the fort, palace, building, or

    building plots and other lands which were under their cultivation.

    16. Relevant part of Section 6 of the Act of 1963 reads as

    follows:

    “(1) Every person who, at the commencement of this Act, is or so,
    entered in the revenue records as a tenant or a tenant of Khudkasht,
    but not as a sub- tenant, of any land forming part of an estate shall,
    unless he had become a Khatedari tenant thereof previously to such
    commencement by virtue of any law or otherwise, be deemed to be
    the Khatedar tenant of such land holding from the landowner of the
    estate:

    Provided that Khatedari rights under this sub-section shall not
    accrue to any person to whom land is or has been let out temporarily
    in the Gang Canal, Bhakra, Chambal, Jawai or Rajasthan Canal
    Project Area, and no Khatedari rights shall accrue if the land
    belongs to any of the categories specified in section 16 of the
    Rajasthan Tenancy Act, 1955.”

    17. Thus, it is apparent from a bare perusal of Section 6 of the

    Act of 1963 that any property mentioned in Section 16 of the

    Rajasthan Tenancy Act shall not constitute any Khatedari rights of

    Ex rulers or the persons who derived the property on their behalf.

    18. In Section 16 of the Tenancy Act, it is categorically stated as

    follows:-

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    “Notwithstanding anything in this Act or in any other law or
    enactment for the time being in force in any part of the State,
    Khatedari rights shall not accrue in-

    (i) pasture land;

    (ii) land used for casual or occasional cultivation in the bed of river
    or tank;

    (iii) land covered by water and used for the purpose of growing
    Singhara or other like produce;

    (iv) land under shifting or unstable cultivation;

    (v) land comprised in gardens owned and maintained by the State
    Governments;

    (vi) land acquired or held for a public purpose or a work of public
    utility;

    (vii) land which, at the commencement of this Act or at any time
    thereafter, is set apart for military encamping grounds;

    (viii) land situated within the limits of cantonment;

    (ix) land included within railway or canal boundaries;

    (x) land within the boundaries of any Government forest;

    (xi) municipal trenching grounds;

    (xii) land held or acquired by educational institutions for purposes of
    instruction in agriculture or for play- ground; and

    (xiii) land within the boundaries of a Government agricultural or
    grass farm;

    (xiv) land which has been set apart or is, in the opinion of the
    Collector, necessary for flow of water thereon in to any reservoir or
    tanka for drinking water for a village or for surrounding villages:

    Provided that the State Government may, by notification in the
    Official Gazette declare that any land which is under shifting or
    unstable cultivation, shall cease to be a land for such cultivation and
    thereupon such land shall be available for the grant of Khatedari
    rights and the State Government may by a like notification, declare
    that any land which was not at the commencement of this Act under
    shifting or unstable cultivation shall at any time after such
    commencement be under such cultivation from such date as may be
    specified in the notification and thereupon such land shall be
    available for such cultivation.”

    19. Furthermore, Section 92 of the Rajasthan Land Revenue Act,

    1956 and Rule 7 of the Rajasthan Tenancy Rules, 1955, explicitly

    authorise the setting a part of pasture land for specific purposes,

    but they exclude Khatedari rights over such land. The Board of

    Revenue, in paragraph 18(4) of the impugned judgment, clearly

    acknowledged that both parties agree on the inventory, which is

    undisputed. Nonetheless, the Board wrongly concluded that the

    Khatauni of Vikram Samvat 2014, which underpins the inventory

    note, remains unproven. This flaw is evident for several reasons:

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    firstly, there is no dispute regarding the authenticity of the

    inventory, which is an admitted document. Secondly, even if the

    Vikram Samvat 2014 document were unproven, the enactment of

    the Act of 1963 inherently affirms the classification of the land as

    pasture in the inventory. Thirdly, the inventory does not specify

    that the entry related to pasture land was based on the Khatauni

    of Vikram Samvat 2014. The Board of Revenue’s analogy, citing

    the Jamabandi of Vikram Samvat 2014 (corresponding to 1957),

    to challenge the State’s rights over the disputed land, is

    fundamentally flawed. After the enactment of the Act of 1963, its

    regulations now unequivocally govern the matter. This Act

    explicitly limits the rights over lands previously held by former

    Rulers and their heirs. The other documents relied upon by the

    Board of Revenue were created post-1963 Act, with entries in the

    Jamabandi ranging from Vikram Samvat 2029 to 2048, which are

    wholly irrelevant.

    20. Moreover, the impugned judgments fail to consider Section 6

    of the Act of 1963 in conjunction with Section 16 of the Act of

    1955. Section 16 of the Act of 1955 explicitly overrides any

    conflicting provisions of other Acts. Even if official records classify

    the property as private, that classification does not automatically

    establish the respondent’s ownership rights. Importantly, land

    designated and used as pasture cannot legally be converted into

    Khatedari or Khudkasht land under any circumstances, as such

    conversion is expressly prohibited by law.

    21. Regarding the applicability of the principle of res judicata, it

    is undeniable that the earlier reference made by the Tehsildar to

    the Board of Revenue was withdrawn and that the rights of the

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    parties were never finally adjudicated. For res judicata to apply,

    there must be a final judicial determination on the merits of the

    dispute. A mere withdrawal without a formal judgment clearly

    indicates that the matter was not “heard and finally decided.”

    Furthermore, if the authority or State withdraws a reference, the

    underlying cause of action for administrative correction remains

    valid if it complies with the law. The Supreme Court, in Union of

    India and others v. Ranchi Municipal Corporation, 1996 (7)

    SCC 542, explicitly held that the summary dismissal of a case

    does not amount to res judicata. Accordingly, both Courts erred in

    applying the principles of res judicata.

    22. Lastly, the respondents defend the judgment, stating that

    the reference was made belatedly and rightly rejected. The

    counsel places reliance upon the judgment of Tara & Ors. vs

    State of Rajasthan & Anr. (ibid), in which it was held that a

    reference can be made within a reasonable time and the same will

    depend upon the facts and circumstances of each case. The only

    restriction imposed is regarding the filing of the reference after

    several decades. In the instant matter, the settlement procedure

    commenced in the year 1963 and concluded in 1974. The first

    reference culminated without any decisive adjudication due to

    withdrawal and the subsequent reference was initiated in the year

    1986. Hence, in the light of the aforesaid judgment, we do not

    find that reference is inordinately delayed.

    23. In the premise, the instant appeal is allowed. Consequently,

    the judgment dated 09.06.2009 passed by the Board of Revenue

    and the order dated 16.07.2010 passed in S.B. Civil Writ Petition

    No. 10943/2009 are hereby set aside. The entries made in respect

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    of the disputed land be corrected in accordance with the factual

    position indicated in the order passed by the District Collector,

    Jaisalmer dated 25.04.1989. The parties shall bear the cost of the

    litigation on their own. The record of the case should be sent to

    the Board of Revenue immediately, along with a copy of the

    instant order to proceed further in accordance with the law.

    24. All pending applications are disposed of accordingly.

    In D.B. Special Appeal Writ No. 1975/2011

    25. This appeal challenges the impugned order dated 10.10.2011

    passed in S.B. Civil Writ Petition No. 581/2011, vide which the

    appellants’ challenge to the rejection of their plea to be impleaded

    as a party in the reference proceedings before the Board of

    Revenue was dismissed.

    26. It is unequivocally established that the reference sent by the

    Collector to the Board of Revenue under Section 82 of the

    Rajasthan Land Revenue Act involved a narrow dispute centred on

    the entries in the revenue records concerning the respondent’s

    claimed rights. The Board of Revenue’s jurisdiction was limited to

    determining whether the correctness of these entries impacted the

    State and the respondents. The appellants are neither claimants

    to the disputed land nor essential to the adjudication of the

    primary issue between the State and the respondents.

    27. Legal principles are clear that, under Order I Rule 10 of the

    Code of Civil Procedure, 1908, a person or group may be

    impleaded as a party if their rights are directly affected. Their

    inclusion is necessary for a comprehensive resolution, enabling the

    Court to pass an effective decree.

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    28. A thorough review of the record confirms that the appellants

    are neither necessary nor proper parties in this matter. The Board

    of Revenue’s rejection of their application under Order I Rule 10 of

    the CPC is justified. Moreover, the rejection of the appellants’ writ

    petition challenging the Board’s order is entirely consistent with

    legal requirements.

    29. Therefore, the appeal filed by the appellants is dismissed.

    30. All pending applications are disposed of accordingly.

    (PRAVEER BHATNAGAR),J (DR.PUSHPENDRA SINGH BHATI),J

    KP Singh Dewasi / Dhananjay Sharma

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