KHAN SINGH Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This intra court appeal has been filed by the appellant Khan Singh against the order of the learned Single Judge dated 05.01.2010, by which the learned Single Judge dismissed SB Civil Writ Petition No.2718/1996.

(2.) The facts giving rise to this appeal are that petitionerappellant's father was one of the Jagirdars of village Surawa in Tehsil Sanchore. Each Jagirdar was in cultivatory possession of separate piece of land marked as 'khasra No., which was khudkast land of each Jagirdar. The appellant's father cultivated khasra No.189 and 191 as his khudkast land. Prior to the coming into force of the Rajasthan Tenancy Act , 1955 the Marwar Land Revenue Act and the Marwar Tenancy Act governed the question of the tenancy rights of the Jagirdars in the Jagir area. After the death of the appellant's father the appellant continued to cultivate the agricultural lands in the above khasra No.189 and 191. In the year 1984 the appellant came to know of the revenue entry regarding Khasra Nos.189 and 191 made by the Settlement Department. The appellant filed a suit before the Assistant Collector, Sanchore, for declaration of 14 bighas of land in Khasra No.189 and 12 bighas of land in Khasra No.191 as khatedari lands of the appellants , which was dismissed by the Assistant Collector vide its order dated 29.11.1990 . Thereafter, the appellant preferred and appeal before the Revenue Appellate Authority (I) , Jodhpur who allowed the appeal vide its judgment dated 29.08.1992, against which the State Government filed an appeal before the Board of Revenue for Rajasthan At Ajmer, which was allowed vide judgment dated 27.05.1996 and dismissed the appellant's suit. It was averred by the appellant that the finding of fact arrived at by the Revenue Appellate Authority to the effect that the appellant is in long possession of the property has not been set aside by the Board. Aggrieved by the judgment of the Board of Revenue and also filing of the FIR against the appellant , the petitioner-appellant preferred a writ petition being SB Civil Writ Petition No.2718/1996, which was dismissed by the learned Single Judge vide order dated 05.01.2010. Being aggrieved by the aforesaid order of the learned Single Judge , the petitioner-appellant has preferred this intra court appeal.

(3.) The respondents contended the writ before the Single Bench and the learned Single Judge after considering the writ petition and the reply ordered to dismiss the above civil writ petition.