URBAN IMPROVEMENT TRUST, UDAIPUR Vs. RATAN LAL

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) The facts in nutshell giving relevant for the present controversy are that the respondents Nos.4 to 6 and Smt. Kanku Bai deceased. filed an application under Sec. 136 of the Rajasthan Land Revenue Act, 1956 for short, 'the Act of 1956') before the Sub Divisional Officer, Girva stating therein that before settlement they were recorded as Khatedars of the land, measuring 5 bighas situated in Khasra No.369/3. Thereafter, the land in question was recorded as Bila-Naam in the new settlement and the same was later on allotted to the petitioner-Trust by the District Collector. The old Khasra No.369 was later on turned to Khasra No.619-625 under the new settlement and the land was also mutated in the name of petitioner-Trust as Mutation No.1628 dtd. 7/3/2005. Hence, it was prayed by them that the land be re-entered in their names.

(3.) The Sub Divisional Officer, vide its order dtd. 28/11/2007 Annex.P/1. allowed the application aforesaid. Aggrieved by the order dtd. 28/11/2007, passed by the Sub Divisional Officer, the petitioner preferred an appeal before the Additional Divisional Commissioner, Udaipur which was allowed vide order dtd. 18/12/2008 Annex.P/2. setting aside the order dtd. 28/11/2007, passed by the Sub Divisional officer.