URBAN IMPROVEMENT TRUST Vs. JAITU KANWAR

JUDGEMENT

(1.) The controversy involved in these two writ petitions are related to each other, therefore, both the writ petitions are being decided together.

(2.) These writ petitions are filed by the petitioner - Urban Improvement Trust, Udaipur (hereinafter to be referred as 'the UIT') being aggrieved with the judgments dtd. 10/3/2021 passed by the Board of Revenue for Rajasthan, Ajmer (hereinafter to be referred as 'the BOR') in Appeal Nos.4649/2017 and 4651/2017, whereby the appeals filed by the UIT under Sec. 223 of the Rajasthan Tenancy Act (hereinafter to be referred as 'the Tenancy Act') have been dismissed and revenue suits filed by the private respondents have been decreed with a direction that they be declared as Khatedars of the lands for which they filed the revenue suits. The petitioner - UIT has further been restrained by way of permanent injunction from interfering in peaceful possession and use of the private respondents of the above land.

(3.) It is contended by the private respondents that during the settlement proceedings, the land of Khasra Nos.548 and 587 was converted into new Khasra Nos. 1631 and 1632. It is further contended that 2 bighas (0.4320 hectare) of land of the private respondents falls in Khasara No.548 but while converting the Khasra No.548 into new Khasra No.1623 only 0.1650 hectare of land has been recorded in the name of respondents and as such remaining 0.2670 hectare of land has not been recorded. It is also alleged that the land measuring 17.01 Bighas falling in old Khasra No.587 has not been recorded in the name of private respondents instead the same has inadvertently been recorded as Bilanam in the new settlement and thereafter allotted to the petitioner-UIT.