STATE OF RAJASTHAN Vs. ARVIND KUMAR

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India to challenge the order dated 5th August, 2015 passed by the Board of Revenue so as the order dated 17th June, 2013 passed by the Revenue Appellate Authority.

(2.) The non-petitioner-plaintiff preferred a suit under Sections 88, 89 and 91 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955"). The suit was for declaration and correction of entries apart from permanent injunction. The correction and declaration were sought against the entry where land was recorded as "Sivai Chak". The suit was dismissed by the SDO Court. The nonpetitioner preferred an appeal before the Revenue Appellate Authority and therein order of the SDO court was reversed and at the same time, suit was decreed. While decreeing the suit, the Revenue Appellate Authority even set aside the order dated 28th February, 2005, passed in another litigation. It was not even subject matter of the suit. The State Government thus preferred appeal before the Board of Revenue but it was dismissed thus present writ petition has been filed.

(3.) The facts of another set of litigation initiated earlier: The land in question remained subject matter of the proceedings under Sections 175 & 177 of the Act of 1955. The application submitted by the Tehsildar was allowed vide order dated 28th February, 2005 and thereby land in dispute was recorded as "Sivai Chak". The order dated 28th February, 2005 was not challenged by any of the party. So far as non-petitioner is concerned, he was not party to the litigation under Sections 175 and 177 of the Act of 1955 as he was not recorded as khatedar. The non-petitioner could know about the said order but did not challenge either by maintaining appeal or review. The aforesaid is other set of litigation initiated prior to filing of the suit detailed out in the first set of litigation.