RAMSAHAY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This appeal is directed against the order dated 23.09.2013 passed by the learned Single Judge dismissing the writ petition filed by the appellants-petitioners challenging the orders passed by the Board of Revenue dated 22.02.2012 & 16.05.2011, Revenue Appellate Authority dated 02.08.2002, Assistant Collector & Magistrate, Sawaimadhopur dated 02.02.2002 by which the application filed by father of appellants, namely Gangadhar, under Section 19 of the Rajasthan Tenancy Act,1955 (hereinafter to be referred as the "Act of 1955") was rejected & the concurrent finding of fact recorded by the first revenue authority was concurred even upto the stage of writ petition filed by legal heirs of Gangadhar, i.e. present appellants, being dismissed by the learned Single Judge of this Court.

(2.) The facts in brief are that one Gangadhar, father of the appellants, filed an application under Section 19 of the Act of 1955 before the Assistant Collector, Sawaimadhopur stating therein that his father Bhonrya was recorded as sub-tenant in the Jamabandi of Samwat 2012 and has been in possession of the disputed land even before the commencement of the Act of 1955. It was also stated in the application that Gopal, father of non-applicants, executed an agreement on 01.01.1977 in favour of Gangadhar (since deceased) (father of present appellants) with regard to the land in dispute; and prayed for recording his name (Gangadhar) as Khatedar in the revenue records. The learned Additional Collector & Magistrate, Sawaimadhopur dismissed the application vide order dated 02.02.2002 holding that the land in dispute was recorded in the name of father of non-applicants who was a member of Scheduled Tribe and the applicant failed to prove that the disputed land was ever recorded in his name; further claim of the applicant for recording his name in the revenue records on the strength of being sub-tenant and in possession of the disputed land, also did not find favour and the first revenue authority recorded a finding of fact that by virtue of Section 42 of the Act of 1955 no right is conferred to claim khatedari rights over the land belonging to member of Scheduled Caste and Scheduled Tribe.

(3.) During the interregnum, Gangadhar, father of the appellants died, as such proceedings were taken up at the instance of the appellants to the Revenue Appellate Authority and being aggrieved, they preferred appeal to the Revenue Appellate Authority, which affirming the findings of the first revenue authority, dismissed the appeal vide order dated 02.08.2002, thereafter further appeal to the Board of Revenue at the instance of the appellants met with the same fate of dismissal, thereby affirming the findings of two revenue authorities below vide order dated 16.05.2011, against which review petition filed by the appellants was also rejected.