STATE OF RAJASTHAN Vs. KALU

JUDGEMENT

(1.) The case is listed in the 'orders' category, however, with the consent of learned counsel for the parties, the matter is being heard and decided finally today itself.

(2.) The present writ petition has been filed against the order dtd. 13/8/2010 passed by the learned Board of Revenue, Rajasthan, Ajmer in Appeal No. LR/9377/2008/UDAIPUR (Kalu v. State of Rajasthan and Ors.), whereby, the second appeal preferred by the respondent No. 1 was allowed.

(3.) Brief facts of the case are that the respondent No. 1-Kalu filed an Application before the Sub-Divisional Officer, Girwa under Sec. 136 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the Act") stating that vide order dtd. 28/10/1977, the land situated in Village Savina Khera, Tehsil Girwa at Araji No. 531, 545, 546, 547 and 585/60 ad-measuring 2 Bigha 13 Biswas was allotted to Mst. Mangudi W/o Hariram Meghvanshi. The mutation entries of the same were recorded in the Samvat 2031 and the name of Mst. Mangudi finds place in the Jamabandi of Samvat 2031-34. On account of the said land having been wrongly entered in the Revenue Records as 'Bilanam Land', the same was allotted to Urban Improvement Trust, Udaipur for Abadi purposes and, therefore, the proceedings drawn by the respondents were void ab-initio. In these circumstances, an application under Sec. 136 of the Act was filed by respondent No. 1. The Sub-Divisional Officer, Girwa rejected the application of the respondent No. 1 vide its order dtd. 19/9/2007. This order of the Sub-Divisional Officer, Girwa was assailed by respondent No. 1 before the Additional Divisional Commissioner, Udaipur by filing an appeal and the same was rejected vide order dtd. 7/6/2008. Against the judgment dtd. 7/6/2008, the respondent no. 1 preferred a second appeal before the learned Board of Revenue and the learned Board of Revenue vide its judgment impugned dtd. 13/8/2010, allowed the appeal of the respondent No. 1 by setting aside the order dtd. 19/9/2007 passed by the Sub-Divisional Officer, Girwa and the order dtd. 7/6/2008 passed by the Additional Divisional Commissioner, Udaipur.