AJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this writ petition under Article 226 and 227 of the Constitution for claiming under-mentioned reliefs:

(2.) For claiming the desired reliefs, in the writ petition, it is inter-alia averred by the petitioners that grandfather of first petitioner was in cultivatory possession of Khasra No. 751 and after promulgation of Rajasthan Tenancy Act, 1955 (for short, 'Act of 1955'), Khasras were renumbered and fresh mutations were entered by the revenue department. Khasra No. 751 being a huge chunk of land in possession of various Khatedars, the same was divided and requisite entries were made in the revenue record. As per version of the petitioners, the land parcel of Khasra No. 751, more particularly Khasra Nos. 751/33, 751/23 and 723/2, as were in vogue prior to settlement, were not entered in the name of Late Shri Shivji Nathuji, grandfather of first petitioner, despite his continuous cultivatory possession. This sort of omission of the revenue authorities prompted Late Shivji Nathuji to lay an application before the then Sub Divisional Officer, Jodhpur under the Act of 1955. Upon considering the application, same was allowed vide order dated 28th of November, 1956 with a direction to the Settlement Department to make necessary mutation entries in his name. In compliance of said decision, vide order dated 10th of January 1957, Khasra No. 751/33 was mutated in the name of grandfather of first petitioner. Petitioners have further pleaded that Khasras were again renumbered and presently Khasra No. 751/33 is shown as Khasra No. 860/33 in the name of Late Shri Shivji Nathuji. In order to show possession of land in question, petitioners have placed on record, in cumulative, order dated 28th of November, 1956 as well as Parcha Lagan. Besides mutation entries, showing Khatdari rights of the family of petitioners, mutation entries in respect of various other Khatedars of neighboring Khasras were also recorded in revenue record.

(3.) Be that as it may, as per version of the petitioners, District Collector, Jodhpur issued order dated 28th of May, 1970, whereby Pattas issued on various Khatedaris, including Khatedari of Khasra No. 751, were cancelled. The said order also proved detrimental to the interest of petitioners' family, inasmuch as the land allotted to them too was cancelled. It so happened that being aggrieved by order dated 28th of May, 1970, some Khatedars approached Revenue Appellate Authority, Jodhpur to challenge the same and other fractions of Khatedars took shelter of competent civil Court by filing civil suit. With the advent of time, the Revenue Appellate Authority, Jodhpur annulled order dated 28th of May, 1970 visa-vis the Khatedars availing remedy of appeal. Requisite order to this effect was passed by Revenue Appellate Authority, Jodhpur on 12th of February 2004.