GIRRAJ BRAHMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners assail the order passed by the Collector dated 18.08.2005 and the order passed by the Board of Revenue dated 14.07.2008 whereby the Collector has accepted the reference made under Section 232 of the Rajasthan Tenancy Act, 1955 (hereinafter 'the Act of 1955') and the Board of Revenue has allowed the said reference and set aside the judgment and decree passed by the Assistant Collector Bharatpur dated 21.04.1984 and the subsequent order dated 21.05.1984 and 02.01.1986 passed by the Assistant Settlement Officer and has declared the land to be recorded as Charagah.

(2.) Learned counsel for the petitioners submits that the petitioner had filed the suit for declaring the land of old khasra No.1465 measuring 6 bigha 10 biswa, khasra No.1639 measuring 1 bigha 4 biswa, khasra No.1645 measuring 14 biswa, khasra No.1705 measuring 3 bigha 1 biswa, khasra No.1706 measuring 16 biswa, khasra No.1724 measuring 1 bigha 12 biswa and khasra No.1725 measuring 5 biswa, in all 7 khasra Nos. are Khasra o.39, 123, 156, 258 and 1147, situate in Village Sikrori, Tehsil Kumher, District Bharatpur. The said lands were of the Wahid Khewat and proprietorship of Smt. Kampuri widow of Ganeshi, who was the zamidar and biswedar of the said land. It is submitted that after the coming into force of the Zamindari and Biswedari Abolition Act, 1959, the land was entered in name of the petitioner in terms of Section 29 of the said Act and the petitioner was entered as khudkasht that the said lands in the jamabandi of samwat 2012- 2015. The petitioner, therefore, had acquired khatedari rights w.e.f. coming into force the aforesaid Act, i.e. from 15.11.1959 but the State Government wrongfully entered the said lands as Charagah in the samwat year 2019. She, therefore, preferred the suit before the Additional Collector for correcting the entries as the land was duly occupied by her and was being cultivated by her.

(3.) In reply to the said suit proceedings, the Tehsildar filed his reply and admitted that the petitioner being Wahid Khevat was a khudkasht record holder, was wrongly entered as Charagah and the samwat required to be corrected. The Gram Panchayat Sikroi, Tehsil Kumher, also submitted a declaration to the same effect that the land was in the cultivation and under possession of the petitioner. Issues were framed by the Additional Collector and the suit was decreed in favour of the petitioner holding that the entry made in the samwat 2019 was wrongful and the land was to be declared as in the khatedari of the petitioner and the petitioner had acquired all the rights on the said land. The suit was decreed vide order dated 21.04.1984 and after almost 19 years, the reference was made to the Collector, Bharatpur, who vide order dated 18.12.2003 rejected the reference and directed the Tehsildar to conduct a fresh investigation and if he finds that there has been some illegality committed by revenue authority may make a fresh reference.