LAWS(RAJ)-2023-10-108

MUMAL Vs. STATE OF RAJASTHAN

Decided On October 16, 2023
Mumal Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by the learned counsel of the petitioner, are that the petitioner filed an appeal under Sec. 75 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'Act of 1956') before the Additional District Collector (Second), Jodhpur against the respondents, stating therein that the petitioner's father Late Shri Narayan Ram was having an agricultural land comprising khasra no. 138 Rakba 23 Bigha 19 Biswa situated at Village Uchiyarrada and the said land was recorded in the name of Late Narayan Ram. After the demise of the petitioner's father (Narayan Ram), the land in question through transfer no. 86 dtd. 22/5/1992, on count of collusion between the respondents no.2 to 4 and the concerned Tehsildar and Patwari, was recorded in the name of the respondent no. 2 to 4, despite the fact that the petitioner falls under the first successor category.

(3.) Learned counsel for the petitioner submits that the petitioner is an old and illiterate lady aged 70 years, and that, the compromise in question is not sustainable in the eye of law, as the same was executed under material concealment on the part of the respondents, leading to withdrawal of the revision before the learned BoR on 30/5/2023.