MANPHOOLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged the order dated 27.04.1979 passed by the Assistant Collector whereby the learned Collector has dismissed the petitioners' suit for declaration and correction in the revenue record. They have also challenged the order dated 23.12.1985 passed by the Revenue Appellate Authority ('the RAA' for short) whereby the learned RAA has upheld the order dated 27.04.1979. Lastly, they have challenged the judgment dated 02.12.1987 passed by the Board of Revenue ('the Board' for short) whereby the learned Board has upheld the order dated 23.12.1985 and the order dated 27.04.1979.

(2.) In brief the facts of the case are that Shri Narain, husband of petitioner No. 1, was in the military service of the erstwhile Jaipur State. Because of his exemplary services, on 20.12.1947 he was allotted agricultural land measuring 57 bighas 2 biswas in village Sanganer, District Jaipur by the Jaipur State. The said land comprised of the following khasra numbers along with the measurement:

(3.) However, subsequently in the year 1952 the Settlement proceedings began. According to the petitioners, khasra Nos. 896/1, 889 and few other khasras were converted into new Khasra numbers bearing Khasra Nos. 1137, 1144, 1145 measuring 39 bighas 3 biswas. Furthermore, according to them, instead of showing these khasras as belonging to them, the Settlement Officer entered these khasras as "Charagarh land". Shri Narain expired on 08.01.1970. Thereafter, in 1971 his widow and his sons filed a suit for declaration and correction in the revenue record before the learned Assistant Collector. Vide order dated 27.04.1979, the learned Collector dismissed the suit. Thereafter, the petitioners filed an appeal before the learned RAA. However, vide order dated 23.12.1985, the learned RAA dismissed their appeal. Consequently, they filed a second appeal before the learned Board. However, vide judgment dated 02.12.1987, the learned Board rejected the second appeal. Hence, this petition before this Court.