JEEVAN Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Jeevan and others challenging the judgment of the Assistant Collector cum Executive Magistrate-I, Jaipur District Jaipur dated 27.8.1992 dismissing their suit for declaration and permanent injunction and that of the Board of Revenue, Ajmer dated 13.2.1997 dismissing the appeal along with appeal filed by the respondent and order dated 7.7.1997 dismissing the review petition filed by the petitioners. Factual matrix of the case is that petitioners filed a suit for declaration and permanent injunction on 8.1.1992 in the Court of Assistant Collector and Executive Magistrate-I, Jaipur District Jaipur against defendant-non-petitioner No. 1 and 4 to 35 that land comprised in khasra No. 93 measuring 41 bigha 14 biswa according to the settlement of the year 1987 of which the present khasra numbers according to settlement of Samvat year 2015 were 280, 281, 287, 288, 363, 281/364 and 281/365 in all 16 Hectares and 32 Aires situated in Village Balmukandpura @ Nada, Tehsil Sanganer were being cultivated by the plaintiff-petitioners as tenants from the times of their ancestors. It was contended that petitioner Nos. 1 to 8 had half share in the above lands and petitioner Nos. 9 to 20 had the remaining half share. The employees of the Settlement Department wrongly entered the aforesaid lands of the petitioners as charagah land in the settlement of the Samvat year 2015. Petitioners came to learn about the same when the Patwari of the area concerned informed them that they should voluntarily relinquish possession of the land or else they would be dispossessed therefrom.

(2.) Plaintiff-petitioners also stated in the plaint that on 23.10.1991, the plaintiffs served a notice of two months on Gram Panchayat Thikaria, which sent its reply on 14.11.1991. In the reply, the Gram Panchayat Thikaria contended that in the revenue records the disputed lands were entered as Charagah land and the same were situated in the midst of the khatedari lands of the plaintiff-petitioners and their cattle used to graze in the same, The Gram Panchayat, Thikaria further stated that since the disputed lands were entered as charagah lands in the revenue records, only the competent Court could give khatedari rights regarding the disputed lands and not the Gram Panchayat. Prayer for declaration and injunction was made in the suit. The defendants No. 4 to 35 contested the suit by filing written statement. They submitted in the written statement that the disputed lands were entered as charagah lands in the revenue records, but the same were situated in the midst of the lands of the khatedari of the plaintiff-petitioners and as such only the cattle of the plaintiffs were being grazed in the disputed lands and plaintiff-petitioners were only using the same.

(3.) The State of Rajasthan despite number of opportunities did not file written statement in the plaint and therefore its right of filing the written statement was closed on 19.8.1992. Plaintiff examined 5 witnesses and filed certified copy of khasra girdavari of the disputed lands for Samvat year 2009 to 2011, 2013 to 2016 and 2010 to 2012 and certified copy of the jamabandi of the disputed lands for Samvat year 2007 and 2008, 2008 to 2041, certified copy of Naksha Trace for the English Calender year 1955-56, certified copy of Parcha Khatoni, copy of notice and the original reply of the notice sent by Gram Panchayat Thikaria. The learned Assistant Collector, however, dismissed the suit by drawing a wrong inference against the plaintiff-petitioners as they had not taken any proceedings in the matter for last 33 years to get the aforesaid settlement entries corrected. Aggrieved thereby the petitioners filed an appeal before the Revenue Appellate Authority. During the pendency of appeal, petitioners have filed an application under Order 41 Rule 27 of CPC on 4.1.1994 producing therewith the aforesaid documents. The Revenue Appellate Authority allowed the appeal holding that any land could be entered as charagah land only as per provisions of Rajasthan Tenancy (Government) Rules, 1955. No compliance of the aforesaid Rules has been made before recording aforesaid charagah land in Samvat year 2015. The Revenue Appellate Authority thus reversed the findings of Assistant Collector and Executive Magistrate-I and decreed the suit in favour of plaintiff-petitioners by order dated 10.1.1994. Aggrieved thereby, the State of Rajasthan filed second appeal before the Board of Revenue who vide judgment dated 13.2.1997 accepted the same and reversed the judgment of Revenue Appellate Authority dated 10.1.1994 and confirmed that of Assistant Collector dated 27.8.1992. Aggrieved thereby, the petitioners filed review petition before the Board of Revenue, which was also dismissed by order dated 7.7.1997.