NATHU Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) This is the case of reversal of judgment and decree dtd. 14/10/2009 passed by the Revenue Appellate Authority, Jaipur in Appeal No.20/2007, in exercise of its jurisdiction as First Appellate Authority, by the Board of Revenue in Second Appeal/TA/903/2010/Jaipur vide its judgment dated 18 th July, 2012, which has been impugned by petitioners in the present writ petition, filed under Article 226/227 of Constitution of India. The revenue suit, filed by petitioners for declaring resumption of their Khatedari rights and protection of cultivatory possession, was decreed by Revenue Appellate Authority but came to be dismissed, as a result of impugned judgment, passed by Board of Revenue.

(2.) The relevant facts, in nutshell, recapitulated from the record are that:-

(3.) The Government of Rajasthan, in its written statement, neither questioned the hierarchy of petitioners being descendants of late Jeevan S/o Bakhsa, in whose name the land of Khasra No.339/414 (measuring 23 bigha 8 biswa) along with other lands were recorded in the revenue record of Chakbandi from Samvat-1987 to 2003 nor disputed the cultivatory possession of petitioners, rather the State Government categorically stated that prior to settlement of Samvat-2015, land of Khasra No.436 (5 bigha) was not recorded as Sewai Chak (government land).