BALMAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 22nd December, 2007 and the order dated 08th July, 2015 apart from reference application dated 30th October, 2006.

(2.) Learned counsel for the petitioners submits that for the land in dispute, a decree was passed by the Assistant Collector on 30th September, 1969. The land was mutated pursuant to it. The Tehsildar made a reference of the land in ignorance of the decree passed by the ACM Court, that too, without hearing the petitioners. The Collector then referred the matter to the Board of Revenue by invoking Section 82 of the Land Revenue Act, 1956 (for short "the Act of 1956"). The petitioner was heard, but, the fact about decree of the ACM Court and delay of 30 days was ignored. The order of reference was illegal. The Board of Revenue then answered the reference made by the Collector. The mutation opened in favour of the petitioner has been set aside.

(3.) To support the arguments, a reference of the judgment of this Court in the case of Nisar Mohd. v. State of Rajasthan & ors. reported in 2009 WLC (Raj.) UC 510 and in the case of Idan v. State of Rajasthan & Anr. reported in 2001 (1) RRT 224 has been given. Therein, in the similar circumstances, the change of entry by the Settlement Department was not accepted. A prayer is accordingly made to set aside the reference application, the order for reference and finally, the answer of reference by the Board of Revenue.