POONA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are Bhagwana son of Sadda Jat and Poona, Sohan and Heera sons of Bhagwana Jat i.e. father and the sons, resident of village Sadari, Tahsil Desuri, District Pali and are aggrieved against the orders dated 25-1-1991 (Annexure-7) passed by the Collector, Pali; 29-6-1991 passed by the Revenue Appellate Authority-II, Jodhpur (Annexure-9) and order dated 6-2-1992 passed by the Board of Revenue (Annexure-10), with a further prayer for a direction to the concerned respondents to convert the land involved in the writ petition comprising in Khasra No. 4559 as cultivable agricultural land and also to regularise the possession of the petitioners on the said land.

(2.) It is submitted that the agricultural land 7.75 Bighas comprising in Khasra No. 580 situated in village Sadari was being cultivated by the petitioners for years together. This khasra number was renumbered and part of this khasra number measuring 0.68 hectare was re-allocated as Khasra No. 4559 and the remaining area of earlier khasra number was re-allocated as Khasra No. 4560 which measured 0.73 hectares. Reliance has been placed on Annexure-1 wherein such khasra number has been so changed. To show that the petitioners were in possession of the land, the petitioners rely on Khasra Parivartan Nirdharan Sheet attached as Annexures-2 to 5 to regard to the land aforesaid. It is stated that the petitioners had applied for regularisation of the land in their possession and a report was submitted by the Tehsildar Desuri on 2-9-1978 vide Annexure-6 and it was reported by the Tehsildar that the petitioners were in possession of the land and their possession was very old. It was further submitted that the petitioners were landless persons and were not possessing any khatedari. Instead of regularising the possession of the petitioners, an order was passed to dispossess the petitioner, however, according to the petitioners they were never dispossessed as is clear from revenue document Annexures-2 to 5.

(3.) It is the grievance of the petitioner that out of the said land a part of land measuring 0.68 hectares comprising in Khasra No. 4559 is said to have been allotted to the respondent No. 2 Shri Kishan Lal son of Charan Singh Dhobi resident of Pali vide order dated 25-1-1991, copy of which has been attached as Annexure-7. It is stated that despite the fact that the petitioners were in possession of the land, they were not informed of any such allotment to any other person and when they had acquired the knowledge of such allotment on 20-4-1991, they approached the Collector for undoing the same vide their application Annex. 8. However, their request was not agreed to. Appeal filed by the petitioner was dismissed on 29-6-1991 vide Annexure-9 and further appeal to Board of Revenue was also dismissed on 6-2-1992 vide Annexure-10. The petitioners are aggrieved against the order Annexures-7, 9 and 10 with the prayer as mentioned above.