MANGAL SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the order dated 29.11.1996 (Annex.4) passed by the Single Bench of the Hon'ble in Reference case No. 454/95/LR/Jalore and judgment dated 4.10.1999 (Annex.5) passed upon special appeal/LR/42/99/Jalore by the Division Bench of the Board of Revenue, but upon perusal of the order dated 4.10.1999 passed by the Division Bench of the Board of Revenue it is revealed that the special appeal filed under Section 10 of the Rajasthan Land Revenue Act, 1956 was dismissed solely on the ground of limitation.

(2.) The learned counsel for the petitioner submits that petitioner was not having knowledge about reference proceedings because he got information only on 14.7.1999 from Halka Patwari. After getting information obtained certified copy of the order dated 29.11.1996 preferred special appeal before the Division Bench of the Board of Revenue under Section 10 of the Rajasthan Land Revenue Act, 1956 and along with special appeal filed an application for condonation of delay under Section 5 of the Limitation Act.

(3.) The Division Bench of the Board of Revenue dismissed the appeal while accepting the preliminary objection raised by the Government Advocate with regard to limitation vide order dated 4.10.1999.