AMAR CHAND Vs. JITENDRA

JUDGEMENT

(1.) Present petition is filed under Article 227 of Constitution of India against the order dtd. 29/6/2016, passed by learned Board of Revenue (BOR) Ajmer in Revision/6763/2011, whereby revision-petition filed by the respondents was allowed. The matter pertains to Mutation Entry No. 192 dtd. 20/4/2002, passed by the Gram Panchayat, Sandeda, Tehsil Peeplu, District Tonk.

(2.) It is submitted by learned counsel for the petitioners that the disputed land in question measuring 29 Bigas 11 Biswa belonged to ancestors of petitioner and the performa respondents, but in the records, the said land was wrongly entered in the name of one Veerumal S/o Relumal Sindhi, by the department of settlement in Samvat 2028. Thereafter, mutation No. 192 dtd. 20/4/2002 was wrongly opened in favour of the respondents as legal successors of Veerumal S/o Relumal without proper enquiry of the legal successors and against the provisions of Rajasthan Land Revenue Act, 1956 and also against the provisions of Sec. 42 of the Rajasthan Tenancy Act, 1955.

(3.) Learned counsel for the petitioners submitted that the appeal against the same, preferred by the petitioners, before Sub Divisional Officer (SDO), Piplu, Tonk, was allowed and the matter was remitted back to the Tehsildar, Piplu to decide the matter afresh after inquiring about legal successor of Veerumal S/o Relumal, vide order dtd. 28/12/2005. Against the said order, respondents preferred an appeal before the Additional Divisional Commissioner (ADC), Ajmer and after hearing both the sides, the said appeal was dismissed vide order dtd. 23/9/2011. Against the same, respondents preferred a revision before Board of Revenue. During pendency of revision, two applications were filed by the petitioner dtd. 4/3/2013 and 23/11/2015. In application dtd. 4/3/2013 it was averred that as the order dtd. 28/12/2005 was never successfully challenged, in pursuance thereto, the Tehsildar has concluded the investigation and passed fresh orders and therefore the revision has become infructous. In application dtd. 23/11/2015, it was averred that some of the non-applicants therein have died and therefore the revision stands abated.