HATIM ALI Vs. RAMA

JUDGEMENT

(1.) The appellants-writ petitioner approached this Court by filing writ petition being S.B.C.W.P. No. 669/2001 assailing the orders passed under Section 183-B of the Rajasthan Tenancy Act, 1955 (for short, hereinafter referred to as "Act of 1955") dated 6.12.1993 which order was assailed successfully before the Additional Collector by way of filing appeal and same was allowed. Against which the revision preferred by one Rama (deceased respondent No.1) before the Board of Revenue, was allowed vide order dated 31.12.1999. The review petition was also dismissed by the Board of Revenue on 4.9.2000.

(2.) Against the orders passed by the Board of Revenue and aggrieved by the order passed by the learned Single Judge dismissing the writ petition of the appellants, the intra-Court appeal has been preferred by the appellants.

(3.) Admittedly, 14 bighas and 10 biswas agricultural land was owned by Pyara, Rama, Khaima and Megha sons of Varda, and Rama and Ganga Ram sons of Nagji. They were members of Scheduled Caste community. In the year 1957, the land in question was purchased by the appellants. Thereafter on the basis of sale-deed, mutation No.11 was opened in their names. A reference was made to the Board of Revenue being Reference No. 61/1997, however, vide order dated 15.1.1982 the mutation No.l l was set aside by the Board of Revenue holding that alleged transfer was made in utter violation of Section 42 of the Act of 1955. Consequently, the mutation order was set aside. An application was filed under Section 183-B of the Act of 1955 on the ground that (smile and Hatim Ali were not allowing them by use of force to plough the land. Prayer was made for restoration of the possession. The application was contested and aforesaid orders were passed and writ petition has been dismissed.