1. This writ petition is directed against the order of the Board of Revenue dated 8.1.79 whereby, the learned Member of the Board of Revenue allowed the revision petition of the non petitioner Budhdan and set aside the mutation order passed by the Tehsildar in respect of the mutation No. 249.

2. A few facts may briefly be stated.

3. The petitioner was granted Parcha Khatoni of the , land comprised in khasras No. 3146 to 3150, 3179 to 3181 and 3183 situated at village Harsolav Tehsil Merta. On the back of Parcha Khatoni,the statement of the petitioner was recorded in which, he stated that his name has wrongly been entered in respect of Khasras No. 3146 to 3150. In respect of these fields, he stated that he cultivates the fields 'Bhade-sate'. The land holder is Govinddan, who has no bullocks and plough but the land-holder gives their price to him and he cultivates. He stated that these fields may be entered as Khudkast in the name of Govinddan. Thereafter all the Khasras of Parcha-khatoni Ex. I were entered in the khudkast of Govinddan in the Khatoni Bandovast of Samvat 2008 to 2027. On 12.8 71, the petitioner and non-petitioner No. 5. Phoosa submitted an application under Sec