RAJMATA KRISHNA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The present writ petition has been filed against the orders of the Board of Revenue dtd. 21/8/1997 and 12/3/2001. Briefly, the facts giving rise to the present writ petition are as under:-

(2.) The Tehsildar, Jodhpur served a notice dtd. 2/7/1962 under Sec. 91 of the Rajasthan Land Revenue Act, 1956 on the petitioner, calling upon her to deliver possession of the land in question alleging that she was a trespasser on the said land. The Tehsildar dropped the proceedings initiated by him under Sec. 91 of the Act of 1956 when he was apprised of the fact that the land in question forms part of Private properties of the former Ruler of State of Jodhpur and that the petitioner was his (former ruler's) tenant.

(3.) In the year 1969, Maharaja Shri Gaj Singh Ji, requested the revenue authorities that the land in question which was in the cultivatory possession of the petitioner be mutated in her favour as she had been cultivating the land since 1961. The revenue authorities mutated the land in question in the name of the petitioner on 2/6/1972 vide Mutation No.233 after due inquiry about the cultivatory possession of the petitioner since 1961 and on the basis of the letter dtd. 30/12/1969 of Maharaja Gaj singh Ji. The revenue authorities also issued pass book to the petitioner recognizing her as Khatedar of the land in question and the petitioner had been paying land revenue to the revenue authorities.