SIYARAM Vs. KAMAR SINGH AND OTHERS

JUDGEMENT

(1.) In this petition under Art. 227 of the Constitution of India the order passed by the Board of Revenue copy whereof is Annexure P/4, is being impugned. Some of the facts which are relevant for the purpose of determining the validity of Annexure P/4 be noticed.

(2.) The petitioner claims to be in possession of the land which is subject matter of this litigation. According to the petitioner, he has acquired 'Bhumiswami' rights by way of adverse possession. He accordingly submits that he should have been declared a 'Bhumiswami' by the revenue authorities. It is further submitted that order Annexure P/1, was passed by the Naib-Tahsildar and other revenue officer has also recognised the fact that the petitioner was in possession tor over 12 years. This order was affirmed by the appellate authority, copy of this Annexure P/2. It be seen that the orders annexures P/1 and P/2 have been reversed by the Board of Revenue on the grounds;

(3.) The learned counsel for the petitioner submits that in view of a Full Bench decision of this Court reported as Kashiram Gari Vs. Nathu 1980 RN 516, the revenue authorities can examine the nature of the possession and if the authorities come to the conclusion that the possession is adverse then it can confer Bhumiswami rights. The relevant observations made in para 12 in this regard be noticed: