UNION OF INDIA Vs. ANJU BHARGAVA

JUDGEMENT

(1.) On 13/10/2022, learned counsel for the petitioner sought time to seek instructions after arguing at length.

(2.) This writ petition has been filed assailing the legality and validity of the judgment and decree dtd. 20/8/2020 passed by the Board of Revenue, Rajasthan, Ajmer (for brevity "the BoR") in Appeal No.2720/2020 whereby, the appeal preferred by the petitioner against the judgment and decree dtd. 18/2/2020 passed by the Revenue Appellate Authority, Alwar (hereinafter referred to as "the RAA") in Appeal No.18/2019 preferred against the judgment and decree dtd. 3/6/2019 passed by the Court of Sub-Divisional Officer, Alwar (for short "the learned trial Court") in Case No.185/2014 decreeing the revenue suit filed by the respondents under Ss. 88, 183 and 188 of the Rajasthan Tenancy Act, 1955 (for brevity "the Act of 1955"), has been dismissed.

(3.) The relevant facts in brief are that the respondents No.1 to 6/plaintiffs (hereinafter referred to as "the plaintiffs") filed a revenue suit under Ss. 88, 183 and 188 of the Act of 1955 against the petitioner/defendant No.1 and the respondents No.7 and 8/defendants No.2 and 3 stating therein that they are Khatedars of Khasra No.1728 measuring 73 aer, village Alwar No.1, Tehsil and District Alwar. It was averred that they were in possession of 37 aer of land only and rest 36 aer of land towards western side, was used by the UIT, Alwar for construction of roads without acquisition and on their objection, they were allotted 40 per cent developed land by the UIT, Alwar in Vijaynagar Scheme in lieu of 36 aer of land. It was alleged that 37 aer land of Khasra No.1728 was encroached upon by the petitioner/defendant No.1 (for short "the defendant No.1") in the year 2003. Therefore, a decree of declaration, permanent injunction and dispossession was prayed for.