SUNEHARI Vs. STATE

JUDGEMENT

(1.) - Challenge to the order dated 19.05.1999 passed by the learned Board of Revenue has been made by the petitioners in this writ petition. Therefore it has been prayed that the said order be quashed and set aside.

(2.) In the instant case the dispute relates to the agricultural land bearing khasra No. 359 (old) measuring 10 bigha and 17 biswas situated in village Sunderwali. Thereafter the new khasra Nos. 493 and 497 were given. The petitioners had then filed a suit for declaration and permanent injunction in the court of ACM Bharatpur. It is stated in the plaint that the petitioners were in possession of the land in question since samwat 2012 and has been cultivating the same in equal shares. The case of the petitioners is that they were in possession of the land at the time of resumption of the biswedari and coming into force of the Rajasthan Tenancy Act, and as such they became khatedar of the land by operation of law. Further, it is the case of the petitioners that after abolition of biswedari, the land in dispute was wrongly entered as Gair Mumkin Pokhar. The said entries in the revenue record were incorrect and as such the need for filing a suit for declaration as khatedar and a decree for permanent injunction.

(3.) On the notices of the suit having been served on the respondent-State, the learned Government Advocate appeared on 20.07.1979 and after having a copy of the plaint given to him the case was fixed for 04.08.1979. On the next date of hearing the representative of the Govt. sought time to file written statement. Time was granted and the case was fixed for 10.08.1979. But thereafter the Government Advocate did not appear in the proceedings. Therefore the suit was ordered to be proceeded ex-parte. After recording of the evidence of the plaintiff, the suit was decreed vide judgment dated 10.10.1979. It was ordered that wrong entries as Gair Mumkin Sawai Chak have been made in respect of the land in question, necessary correction be made in the revenue record and the petitioners were declared as khatedars. It was also ordered that the defendants be restrained by permanent injunction from dispossess the plaintiff-petitioners and not to disturb the petitioners from cultivating the land.