BHANWAR LAL Vs. URBAN IMPROVEMENT TRUST, UDAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the orders dated 26.02.2018 (Annex.7) passed by the Revenue Appellate Authority, Udaipur ('RAA') and 28.05.2019 (Annex.8) passed by the Board of Revenue, Ajmer ('BOR'), whereby the matter has been remanded to the SDO and the appeal filed by the petitioners has been rejected, respectively.

(2.) It is, inter-alia, indicated in the writ petition that the petitioners were having physical and cultivatory possession over the agriculture land comprised in Araji No. 995, 996, 1005, 1237, 1238 and 1239, situated at Savinda Kheda, Tehsil Girwa, District Udaipur. The land in dispute, it is claimed, was wrongly recorded as 'bilanaam' in the year 1969 on the basis of report of Patwari Halka based on proceedings initiated under Section 91 of the Rajasthan Land Revenue Act, 1956 ('the Act'). The Additional Tehsildar by its order dated 13.05.1969 quashed and set-aside the order passed by the Patwari, however, the land was not recorded in the name of petitioners' father Bhanwar Lal, resulting in petitioners filing a suit for declaration and injunction before the SDO, Udaipur under Sections 88 & 188 of the Rajasthan Tenancy Act, 1955.

(3.) Subsequently, the land acquisition proceedings were initiated, wherein qua the land in dispute, notification under Section 4 of the Land Acquisition Act, 1894 was issued.