LATE SHRI BHARMAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter pertains to the year 1999, and thus, listed under the category of "Oldest Cases for Early Disposal".

(2.) The instant petition under Articles 226 and 227 of the Constitution of India has been preferred against the order dtd. 29/6/1998 (Annexure-7) passed by the Collector -cum- Deputy Colonisation Commissioner, Bikaner, whereby the said revenue authority made a reference before the learned Board of Revenue for Rajasthan (BoR), Ajmer; the order dtd. 9/9/1998 (Annexure-8) passed by the learned BoR accepting such reference while setting aside the order dtd. 10/5/1989 (Annexure-4) passed by the Assistant Colonisation Commissioner, IGNP, Kolayat (Assistant Commissioner'), has also been assailed in the instant petition.

(3.) Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the petitioners had filed an application under Ss. 125 & 136 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'Act of 1956') before the Assistant Commissioner for correction of entries in the revenue records. It was stated that the petitioners were in cultivatory possession of the land comprising khasra no. 708 Rakba 86 bighas at Village Gogariyawala, since samwat 2012, and therefore, the said land may be recorded in their name. Thereafter, the statements of one Phoosa Ram and Harlal were recorded regarding the possession of the petitioners over the land in question.