SONI Vs. SUB DIVISIONAL OFFICER, FATEHGARH DISTRICT JAISALMER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 9/8/2019 passed by the Board of Revenue, Ajmer whereby the second appeal filed by the State has been allowed.

(3.) The brief facts necessary to be narrated are that the petitioner being daughter of Miran Khan was in possession of agricultural land situated at Khasra No.17 and 19 of village Punasar, Prior to this, father of the petitioner was in possession of this land and erstwhile, it was called as Khasra No.4 of village Devikot. Because of famine, father of the petitioner left his village for earning his livelihood. In these circumstances, the Sub Divisional Officer, Jaisalmer in proceedings No.72/1970 under Sec. 63 (8) of the Rajasthan Tenancy Act, 1955 passed an order dtd. 11/8/1971 by which 46 bighas land of Khasra No.46 was recorded as Government land. Since, the petitioner was residing on the subject piece of land and when, she came to know the fact regarding passing of the order dtd. 11/8/1971 by the Sub Divisional Officer, Jaisalmer, she preferred an appeal before the Revenue Appellate Authority. The Revenue Appellate Authority, (Barmer- Jaisalmer) vide its order dtd. 18/7/2006 allowed the appeal preferred by the petitioner while setting aside the order dtd. 11/8/1971. Against the order dtd. 18/7/2006 passed by the Revenue Appellate Authority, the State preferred a second appeal before the Board of Revenue, Ajmer. The Board of Revenue, Ajmer vide its order dtd. 9/8/2019 allowed the appeal preferred by the State while setting aside the order dtd. 18/7/2006 passed by the Revenue Appellate Authority. Aggrieved against the order dtd. 9/8/2019, the petitioner has preferred the present writ petition before this court.