GALOL Vs. RAM KUWNAR

JUDGEMENT

(1.) Instant special appeal has been filed against the order of the learned Single Judge dated 24.4.2017, whereby the writ petition filed by the appellants-petitioners was dismissed in limine.

(2.) The facts giving rise to this appeal are that one Badri Narain filed an appeal before the Sub Divisional Officer, Tonk against the order of Gram Panchayat, Chainpura dated 20.11.1982 whereby the land bearing Khasra Nos.327 and 97 in the khatedari of Late Kesar Lal was mutated in favour of his family members - parties to the appeal. In the meanwhile, a compromise was entered into between the parties on 3.8.1983 which was duly verified and on the basis of the said compromise, the Sub Divisional Officer, Tonk remanded the matter back to Gram Panchayat Roopwas, Chainpura to open the mutation as per the compromise entered into between the parties and the order of Gram Panchayat dated 20.11.1982 was set aside. Aggrieved against the order of Sub Divisional Officer, Tonk dated 14.9.1983, appellants herein Smt. Galol and Smt. Sita filed appeal under Section 76 of Rajasthan Land Revenue Act, 1956, before the Additional Divisional Commissioner, Ajmer, which was partly allowed and the order of Sub Divisional officer, Tonk dated 14.9.1983 and of Gram Panchayat, Chainpura dated 20.11.1982 was set aside. Thereafter the order of Additional Divisional Commissioner, Ajmer, was challenged before the Board of Revenue, Ajmer and the Board of Revenue, after holding that the appeal was filed after a lapse of 27 years before the Additional Divisional Commissioner, Ajmer, and the compromise entered into between the parties on 3.8.1983 was never challenged by the appellants herein, the revision petition filed by the legal representatives of respondent No.1 Ram Kunwar, was allowed and the order of Additional Divisional Commissioner, Ajmer dated 26.2.2015 was set aside. The petitioner, thereafter, challenged the order of Board of Revenue dated 11.1.2017 by filing a writ petition before this court bearing S.B. Civil Writ Petition No.5153/2017, which was dismissed by the learned Single Judge by holding that condonation of delay of 27 years cannot be said to be justified and only on the ground of limitation, the Single Judge dismissed the writ petition. Hence, this special appeal.

(3.) Heard learned counsel for the parties.