STATE OF RAJASTHAN & ORS Vs. JOR SINGH

JUDGEMENT

(1.) The instant special appeal has been filed by the State of Rajasthan after delay of 286 days along with application under Section 5 of the Limitation Act.

(2.) The instant appeal is directed against the judgment dated 06th of December, 2016 passed by learned Single Judge, whereby the learned Single Judge allowed the writ petition and set aside the order dated 26.10.1996 passed by Board of Revenue, Ajmer, so also quashed the reference made by the respondent No.3-7 Additional Collector, Pali dated 18.02.1993 being time barred.

(3.) Mr. O.P. Boob, learned Govt. Counsel appearing on behalf of State, vehemently argued that the judgment impugned is erroneous because mutation entry itself was in violation of Section 42 of the Rajasthan Tenancy Act, 1955 (Act of 1955) as late Sh. Badri, who was member of Scheduled Caste. The said objection was raised in the year 1983, however, the proceedings were terminated in favour of petitioner's father on the basis of limitation and the proceedings under Section 175 of the Act of 1955 were dropped in the year 1983.