S.B. Civil Writ Petition No. 8/2004. Case: Nathuram and Ors. Vs Barsingharam and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 8/2004
JudgesGopal Krishan Vyas, J.
IssueConstitution Law
Citation2007 (3) WLN 483
Judgement DateMay 24, 2007
CourtRajasthan High Court

Judgment:

Gopal Krishan Vyas, J.

  1. By way of filing present writ petition, petitioners are challenging the impugned order dt. 24.05.2001 (Annexure-4) passed by Board of Revenue and prayed for confirming the judgment dt. 26.08.1993 passed by the Additional Commissioner, Jodhpur in an appeal filed by the petitioners.

  2. According to the facts narrated in the writ petition, one Kishorilal Paliwal was the khatedar of the land situated in khasra No. 1460 measuring 48 bighas 11 biswas in village Mandla, Tehsil Phalodi, District Jodhpur. The petitioners are sons of late Kishorilal Paliwal and after his death, being his successors they became owner of the aforesaid land.

  3. As per contention of the petitioners, the mutation was made in favour of respondents Nos.1 and 2 in the year 1986, but it was not in the knowledge of petitioners. The said mutation was made on the basis of sale deed, which was alleged to be made by late Kishori Lal Paliwal, therefore, the said mutation was completely made in the back of petitioners, therefore, against the said order of mutation, the present petitioners preferred an appeal in the Court of Sub-Divisional Officer, Phalodi. The said appeal filed by the petitioners was dismissed after hearing both the parties vide judgment dt. 06.05.1989 on the ground that after a delay of 20 years, no appeal challenging the mutation, which was affected on 30.06.1966 can be preferred.

  4. Against the said judgment dt. 06.05.1989 passed by Sub-Divisional Officer, Phalodipetitioners further preferred an appeal before the Additional Commissioner, Jodhpur in which notices were issued to the non-petitioners and after hearing both the parties, the appeal was accepted vide judgment dt. 26.08.1993 and case was remitted to the Sub-Divisional Officer, Phalodi with the direction that after recording the evidence of both the parties, more particularly, the sale deed which is said to be executed by late Kishorilal Paliwal in favour of respondents Nos.1 and 2, the matter may be decided afresh.

  5. Against the said judgment dt. 26.08.1993, the respondents Nos.1 and 2 preferred a revision petition before the Board of Revenue, Ajmer. The Board of Revenue, Ajmer vide its order dt. 24.05.2001 set aside the judgment passed by the Additional Commissioner, Jodhpur dt. 26.08.1993 and restored the judgment passed by the Sub-Divisional Officer, Phalodi.

  6. By way of filing present writ petition, the petitioners are challenging the validity of the order passed...

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