KALOO CHAND Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners on 8.9.1988 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 25.10.1985 (Ex. 6) passed by the learned Addl. Collector, Jalore (respondent No. 2), by which a reference under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act of 1956') was made to the Board of Revenue, Ajmer (respondent No. 1) with the prayer that mutation No. 2 dated 15.11.1959 ordered by Sarpanch, Gram Panchayat, Narsana in respect of agriculture land bearing Khasra No. 422 measuring 33 Bigha 5 Biswas situated in village Lunawas in favour of the deceased Sagar Mal and present petitioners be cancelled as it was entered in the revenue record in violation of mandatory provisions of Section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955') and the judgment dated 16.12.1987 (Ex. 7) passed by the Board of Revenue, Ajmer (respondent No. 1) by, which the reference was accepted and mutation No. 2 dated 15.11.1959 was cancelled and the order dated 27.4.1988 (Ex. 8) passed by the respondent No. 1 Board of Revenue by which the review petition filed by the petitioners was rejected, be quashed and set aside.

(2.) IT arises in the following circumstances:

(3.) ON the other hand, the learned Counsel for the respondents supported the impugned orders passed by the learned Addl. Collector, Jalore and the learned Board of Revenue Ajmer.