MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ petitions seek to challenge different orders passed by the Board of Revenue but since they relate to the identical lands and similar proceedings, petitions were clubbed together and are being decided by this common judgment. Challenge has been made to the judgment of the Board of Revenue dated 3/7/1996 vide which allotment made to the petitioners by way of regularization of their possession of the lands of Khasra No. 1431 of revenue Village Dudhwa, Tehsil Khetri was held to be illegal and mutation thereabout was ordered to be cancelled with a further direction to Collector, Jhunjhunu to examine the legality of other allotments/mutations in the lands of that khasra number. Subsequently, the Board of Revenue in the review petition vide its order dated 18/7/1996 directed that the allottees with respect to the original order dated 3/7/1996 shall not be dispossessed from the from the disputed land till all other cases of similar allotments in this khasra number have been examined and finally adjudicated by the Collector. This order has been challenged in SBCWP No. 4735/96.

(2.) Shri K.K. Mehrishi, the learned Senior Counsel for the petitioners -Mahendra Singh and anr. in SBCWP No. 4735/96 has placed on record copies of the orders passed in reference proceedings by the Board of Revenue respectively on 17/1/2005 in Reference Case No. 456/2000, State Vs. Shriram and 17/3/2005 in Reference Case No. 715/2000, State Vs. Chetram. While Shri K.K. Mehrishi, the learned senior counsel asserts that there are no other allotments in this khasra number and in this connection he refers to the report of the Tehsildar Dated 29/8/2005, on the other hand, Shri G.K. Garg, the learned counsel for the petitioners in SBCWP No. 4740/97 submits that several more allotments in that khaswra numbers have been made absolute in camps and it is with this grievance that he claims parity with such case for the petitioners in his writ petition.

(3.) When the matters were heard by this court on 23/7/2007, learned Government Counsel was directed to ascertain whether the orders dated 17/1/2005 and 17/3/2005 passed by the Board of Revenue in the aforesaid two reference proceedings have been implemented or not and it was further directed to verify the fact whether any other allotment has been made in Khasra No. 1431, which is stated to be land of the 'gair mumkin nadi, kind of which was later changed to 'barani doyam' for making the disputed allotments.