CHAMUNDA MATA-KA-MANDIR Vs. SHRI KULWANT SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners being aggrieved with the judgment dtd. 27/10/2014 passed by the respondent No.5-Board of evenue for Rajasthan, Ajmer (hereinafter to be referred as 'the BOR'), whereby it has allowed two appeals preferred on behalf of the respondent Nos.1 to 3 and set aside the judgment dtd. 6/3/2009 passed by the respondent No.6-Revenue Appellate Authority, Sri Ganganagar (hereinafter to be referred as 'the RAA'). The RAA had allowed two appeals preferred on behalf of the petitioners and the respondent No.4-State of Rajasthan through Tehsildar Karanpur, District Sri Ganganagar while setting aside the allotment order dtd. 6/12/1967 and consequential order dtd. 24/1/1968 passed by the District Collector, Sri Ganganagar and Sub Divisional Officer, Karanpur respectively.

(2.) Brief facts of the case are that way back in the year 1967 precisely on 6/12/1967, a land measuring about 4 Bigha 13 Biswa situated in Chak No.1-V-First, Murraba No.77, Kila No.1, 2, 3, 9 and 10 was allotted to one Pratap Singh by the District Collector, Sri Ganganagar on depositing the requisite payment. The Sub Divisional Officer, Karanpur passed the consequential order dtd. 24/1/1968 and pursuant to that Pratap Singh deposited the requisite amount and thereafter the allotment order was issued in his favour on 24/1/1968. Thereupon, name of Pratap Singh was entered into the revenue record and Khatedari Sanad was issued in his favour in the year 1994 by the District Collector, Sri Ganganagar. It appears that after the death of Pratap Singh, name of respondent Nos.1 to 3 were entered into the revenue record and they are recorded as Khatedars of the land in dispute.

(3.) In the year 2004, the petitioners as well as the State filed two separate appeals under Sec. 75 of the Rajasthan Land Revenue Act, 1956 in the court of RAA challenging the allotment of the land in dispute to Pratap Singh by the District Collector, Sri Ganganagar. In those appeals, it was claimed by the petitioners as well as the State that the land, which was allotted to Pratap Singh, is the land of deity and the same has illegally been allotted to Pratap Singh by the District Collector, Sri Ganganagar. It was also claimed that Pratap Singh, in connivance with the revenue authorities, got allotted the land in dispute in his favour by producing forged Jamabandi and other revenue records, wherein the land of deity has wrongly been shown as government land by making interpolations and corrections in the Jamabandi.