HANIFA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition by Mst. Hanifa and Mst. Dhanni residents of village Ranasar, Tehsil Sheo, District Banner, seeks to quash the orders and judgments of the Sub -Divisional Officer, dated 6 -8 -1975 of the Revenue Appellate Authority, Jodhpur, dt. 22 -1 -1979 and that of the Board of Revenue dated 2 -3 -1979 as illegal, without jurisdiction and ultra vires.

(2.) THE writ petition has come to be filed in the following way. The facts giving rise to this writ petition lie in a narrow compass. Smt. Hanifa and Mst. Dhanni filed a Revenue Suit No. 11/74 in the court of Sub -Divisional Officer, Banner, on the allegations that deceased Subhan s/o Maluk, Mira s/o Habib, Rasid s/o Roopa had joint agricultural fields bearing Khasra No. 2008 measuring 61 Bighas 11 Biswas, Khasra No. 2116 measuring 55 Bighas 10 Biswas and Khasra No. 1973 measuring 113 Bighas 3 Biswas in 'Moza' (Harsani) Ransar. Besides this land, deceased Subhan s/o Maluk and Mira s/o Habib had joint Khatedari field bearing Khasra No. 1834, 1836 and 1845 respectively measuring 21 Bighas 14 Biswas, 12 Bighas 1 Biswa, 75 Bighas 5 Biswas, total 109 Bighas in the said 'Moza'. Besides these fields, deceased Subhan s/o Habib had Khatedari field bearing Khasras No. 1831 and 2477 respectively measuring 99 Bighas 6 Biswas, 76 Bighas 19 Biswas in the aforesaid moja. Habib, Maluk and Roopa were real brothers and were sons of one Bhai Khan. Roopa had a son Rasid, who deid in S.Y. 2015. Subhan died issue -less in S Y. 2015. Hanifa was widow of Habib. They had a son Mira, who died in S.Y. 2020 leaving behind him his mother Hanifa and daughter Dhanni, petitioners in the present writ petition. It was averred that Rasid, Subhan and Mira died in India and after their death, Hanifa and Dhanni are in cultivatory possession of the said fields. It is averred that the revenue authorities wrongly alleging that Subhan, Mira and Rasid had gone to Pakistan, declared the aforesaid lands as Khalsa illegally and wrongly. The petitioners had no knowledge of such proceedings. When the Patwari of the area sought to eject the petitioners then they came to know that the Tehsildar bad declared the land as Khalsa. On such averments, the petitioners prayed that the lands in dispute may be declared to be of their Khatedari and necessary corrections may be got made in the revenue record.

(3.) UPON the aforesaid pleadings, the learned trial court framed the following issues: .........[vernacular ommited text]...........