DHANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed that the order of Board of Revenue be quashed.

(2.) THE petitioners are khatedar tenant of agricultural land khasra No. 272/2/2 measuring 28 bighas 6 biswas, situated in village Itawa Tehsil Amer. On 6.2.79. the Tehsildar Amer moved an application before the Additional Collector, Jaipur with an averment that on the settlement Register of the village Itawa for the year Svt. 2011 to 2033 Prabhat s/o Balu Meena is recorded as khatedar of the land khasra No. 272/2/2 measuring 28 bighas 6 biswas. In the year 1961, the khatedari of the land has been transferred in the name of Dhanna, Nanu and Prabhat sons of Harla, vide mutation No. 105 dated 25.11.1961.

(3.) THE petitioners appeared before the Additional Collector, Jaipur contended that the petitioners were cultivators of the land and the land was in their possession since the time immemorial and the name of Prabhat Meena was wrongly entered in revenue record. That was correct and the mutation No. 105 dated 25.11.61 was sanctioned in favour of the petitioners. After hearing the petitioners, the Additional Collector referred the matter to Board of Revenue vide order dt. 29.4.83. (Ann. 9) under Section 82 of Rajasthan Land Revenue Act, 1956 [hereinafter to be referred as 'Act, 1956']