BHERU AND ORS. Vs. MANGILAL AND ORS.

JUDGEMENT

(1.) INSTANT intra Court appeal is directed against order of the learned Single Judge dt. 21.09.2001. The brief facts which may be necessary and culled out for consideration of the instant appeal are that the suit land bearing khasra No. 4174 measuring 3 bighas 13 biswas at village Bagru Kalan Tehsil Sanganer, Jaipur indisputably was under the cultivatory possession of ancestors of the present appellants Bheru (deceased) and Murli (deceased) and Khatedari Parcha of the subject land in question was issued by the settlement department in Samwat 2011 in the name of Kalyan and Birdha respectively father and uncle of the present appellants.

(2.) THE respondent Mangi Lal @ Mangla S/o Bhura filed application u/S. 19 of the Rajasthan Tenancy Act, 1955 in 1969 for conferment of khatedari rights before the Naib. Tehsildar, Sanganer who was officiating Tehsildar after taking report from the Patwari regarding possession over the suit land in clear violation of the principles of natural justice and without impleading the present appellants who are recorded khatedars of the suit land passed order dt. 08.08.1969 by replacing names of appellants' father and uncle and substituted name of Mangi Lal @ Mangla conferring khatedari right on the suit land. Indisputably the appellants had no knowledge of the said order but in the light of order passed by the Naib Tehsildar (officiating Tehsildar) dt. 08.08.1969 mutation in the name of respondent Mangi Lal was opened on 08.09.1969 and thereafter this fact came to notice of the appellants about the said mutation opened in the name of respondent Mangi Lal, against the impugned action appeal (75/1970) came to be preferred at their instance before the Additional Collector on 20.01.1970 but as there was limitation of 90 days and since the appeal was preferred on 20.01.1970 and in support thereof filed application seeking condonation of delay u/S. 5 of the Limitation Act but the delay was not condoned the appeal came to be dismissed on the ground of limitation vide order dt. 29.06.1970 and a further revision preferred at the instance of the appellants before the Board of Revenue u/S. 230 of the Rajasthan Tenancy Act assailing order of Naib Tehsildar, Sanganer dt. 08.08.1969 and of Additional District Collector dt. 29.06.1970 but that came to be dismissed on the premise that revision u/S. 230 of the Rajasthan Tenancy Act is not maintainable, vide order dt. 02.12.1971.

(3.) AFTER the regular Tehsildar took over charge of office and this fact came to his notice that the Naib Tehsildar who was officiating Tehsildar in a surreptitious manner exercising power u/S. 19 of the Rajasthan Tenancy Act passed arbitrary order dt. 08.08.1969 conferring khatedari rights in favour of Mangi Lal over the suit land in question bearing khasra No. 4174 measuring 3 bigas 13 biswas, the Tehsildar Sanganer inquired into the matter and sent its recommendations on 15.02.1970 to the Collector, Jaipur for cancellation of the order dt. 08.08.1969 who after hearing the respondent u/S. 83 of the Land Revenue Act referred the matter to the State Government on 22.02.1971 for taking appropriate action under law, pursuant thereto the order was passed by the Government on 19.06.1971 and the matter was referred back to the District Collector for taking appropriate action u/R. 14(4) of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred to Rules, 1970) and after affording opportunity of hearing to the respondent and taking note of the fact that the suit land bearing khasra No. 4174 measuring 3 bigas 13 biswas in which Birdha and Kalyan were recorded as khatedars in Samwat 2011 and their names were duly recorded in khasra girdavadari khata No. 19 and thereafter from Samwat 2012 and 2011 -2016 which was recorded as Khudkhast of the suit land which indisputably belong in the khatedari of the present appellants in Samwat 2017 and in Khata No. 16 name of the respondent Mangla has been recorded and further observed that initially the revenue records of 2011 and 2012 -2016 recorded as Khudkhast and indisputably was in the khatedari rights of the present appellants however in Samwat 2017 it was recorded in the name of Mangla and it was further observed that the Naib Tehsildar was not holding any competence to confer khatedari rights in favour of the respondent Mangla in exercise of power u/S. 19 of the Rajasthan Tenancy Act and accordingly after examining the complete revenue records set aside the order passed by the Naib Tehsildar dt. 08.08.1969 vids its order 26.02.1973 and that order of the District Collector dt. 26.02.1973 came to be challenged by the respondent Mangla by filing appeal u/S. 75 of the Rajasthan Land Revenue Act before Revenue Appellate Authority in which present appellants were not impleaded as party respondents and that appeal came to be allowed vide order dt. 31.12.1986 primarily on the premise that the order dt. 08.08.1969 could not have been set aside by the District Collector exercising power u/R. 14(4) of the Rules, 1970.