ABBAS BHAI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 23.06.2006 passed by the Board of Revenue, Rajasthan whereby revision petition preferred by the respondent No. 2 against the order dt. 13.12.2000 passed by the Assistant Collector, Mount Abu in Revenue Suit No. 62/93 has been allowed and consequently, the aforesaid suit filed by the petitioners before the Assistant Collector, Mount Abu has been dismissed as not maintainable.

(2.) THE relevant facts in nutshell are that Shri Adam @ Azam son of Shri Jan Mohammed, the father of petitioners No. 1 to 8, purchased agriculture lands measuring 2 bighas and 16 biswas comprising khasra Nos. 516 and 4 biswas comprising khasra No. 517 from one Shri Hira Koli son of Premaji (the father of the respondent No. 1 Babu) by way of registered sale deed dt. 25.02.1970 and possession thereof was handed over to the petitioners No. 1 to 8. Thereafter, Adam @ Azam transferred the land to the petitioners No. 9 to 11 but since, the mutation in the Revenue Record was continuing in the name of Shri Hira Koli therefore, a power of attorney was executed by Shri Azam in favour of the transferees petitioners No. 9 to 11.

(3.) THE petitioners filed a suit on 18.12.1993 before the Assistant Collector claiming the relief that the petitioners No. 1 to 8 may be declared to be khatedars of the lands in question and the defendants, the State of Rajasthan and the Rajasthan State Industries and Investment Corporation Limited may be restrained from taking possession of the lands from the petitioners. It was further claimed that if the amount of compensation is determined, the same be paid to the petitioners instead of respondent No. 2 herein Shri Babu. It was contended that the caste Koli of the Abu area of Sirohi district has not been included in the list of members of the Scheduled Caste published by notification dt. 21.07.1965 and the Koli has been included in the list of Scheduled Caste in the year 1978 therefore, the transfer of the land by Shri Hira Koli vide sale deed dt. 25.02.1970 is not hit by the provisions of Section 42 of the Rajasthan Tenancy Act, 1955 (in short "the Act of 1955" hereinafter) and accordingly, it was claimed that the petitioners deserve to be declared khatedars of the land in question. On an application preferred by the petitioners for temporary injunction, the injunction prayed for was granted by the Assistant Collector in their favour vide order dt. 30.03.1995.