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Mr. Sudhir Shrama For The vs Unknown on 9 January, 2014

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: 9th January 2014

HON'BLE MR. JUSTICE DINESH MAHESHWARI

HON'BLE MR. JUSTICE V.K. MATHUR

Mr. Sudhir Shrama for the petitioner.

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BY THE COURT:

In this writ petition, the petitioner has questioned the order dated 02.02.1998 (Annexure-8) passed by the Board of Revenue for Rajasthan, Ajmer in Revision Petition No. 84/96/TA/Barmer, whereby the Board has affirmed the order dated 29.03.1996 (Annexure-7), passed by the Assistant Collector, Balotra, setting aside the sale made under the provisions of Rajasthan Agricultural Credit Operations ( Removal of Difficulties) Act, 1974 ['the Act of 1974']. The sale was set aside essentially on the ground of the same being violative of the mandatory provisions of Section 42(b) of the Rajasthan Tenancy Act, 1955 prohibiting transfer/alienation of the land belonging to the persons of Scheduled Castes and Scheduled Tribes category to a person not belonging to such a category. In this writ petition, the petitioner has also attempted to question the validity of Sub-section (4) of Section 14 of the Act of 1974, as also the Sub-rule 14(2) of Rule 5 of the Rajasthan D.B. Civil Writ Petition No. 710/1998

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