STATE OF RAJASTHAN Vs. MANSINGH

JUDGEMENT

(1.) By way of this writ petition under Article 227 of the Constitution of India, the State of Rajasthan through Tehsildar Raipur, District Pali has approached this Court for assailing the judgment dated 30.7.2013 passed by the Board of Revenue, Ajmer in Ceiling Appeal No.3187/2002 whereby, the appeal preferred by the respondents against the order dated 29.5.2002 passed by the Additional Collector, Pali was allowed and the said order was quashed and set aside.

(2.) I have heard and considered the arguments advanced by Shri O.P.Boob, learned Govt. Counsel and have gone through the impugned judgment.

(3.) Firstly, this Court is of the opinion that the writ petition suffers from gross laches of nearly 41/2 years for which, no explanation has been offered in this writ petition. That apart, even on merits, learned Govt. Counsel was unable to point out any illegality, irregularity or error apparent on the face of record in the impugned judgment warranting interference therein in the exercise of the supervisory writ jurisdiction of this Court. The land in question was owned by late Shri Amarsingh, who expired in the year 1958 by which time, the Hindu Succession Act, 1956 had come into force, as per which, all first class legal heirs of Shri Amarsingh were entitled to an equal share in the property in question. The Board of Revenue, whilst deciding this issue, held as below:-