1. - By this petition the petitioner has sought quashing of the order dated 29.12.2005 passed by the Revenue Minister, Government of Rajasthan, where under it has been held that in view of a valid allotment having been made to the predecessor in interest of the respondent No. 4 in respect of the land comprised in old Khasra No. 1956 (new Khasra Nos. 3520, 3521, 3522, 3528, 3529 and 3530) ad-measuring 3 big has in village Ringus, district Sikar and further in view of the judgments of the various Civil and Revenue Courts upholding the allotment made to the erstwhile Khatedar Sita Ram Kabra, predecessor in interest of respondent No. 4, where-upon the erstwhile allottee and his successors in interest were in possession of the said parcel of the land, the order dated 21.3.2005 passed by the Collector, Sikar as amended on 29.3.2005 as also the Revenue Minister’s earlier order dated 7.12.1983 were liable to be set aside.

2. The facts of the case are that a parcel of land bearing Khasra No. 1956/1 (new Khasra Nos. 3520, 3521. 3522, 3528, 3529 and 3530) in village Ringus District Sikar was allotted to Sita Ram Kabra on or about 20.4.1968 and possession thereof taken by the allottee. At the time of allotment of land to Sita Ram Kabra the lands aforesaid were recorded as ‘Barani’ as per the revenue record of Samvat. 2010-2027. Subsequent to the allotment, Sita Ram Kabra transferred half share of land falling in Khasra No. 1956 i.e. half of 3 big has of land to his brother Shiv Bhagwan by way of a registered gift deed in 1970. Sita Ram Kabra died in 1972. It however appears that on or about 29.4.1971 a revision petition had come to be filed by one Hanuman and others against the order of allotment dated 20.4.1968 in favour of Sita Ram Kabra. It is on record that Sita Ram Kabra was not served and in spite of his death in 1972, without substitution of his legal heirs, on 7.12.1983 an ex parte order came to be passed by then Revenue Minister, holding that even though the revision petitioners were not entitled to regularisation of their old alleged possession as claimed over Khasra No. 1956 in village Ringus, district Sikar, yet in view of they being khatedars of the land falling in Khasra No. 1957 purported only accessed through Khasra No. 1956 they be allowed the right of way over the said Khasra and the width of the access through Khasra No. 1956 be determined by the District Collector, Sikar. It was directed that apart from the way thus provided to the revision petitioners Hanuman and others the remainder of Khasra No. 1956 be reverted in the revenue record as Charagah.

3. Shiv Bhagwan the brother of erstwhile Khatedar allottee Sita Ram Kabra, to whom half of 3 bighas in Khasra No. 1956 had been gifted in 1970, i on coming to know of the ex parte order dated 7.12.1983 against Sita Ram Kabra and without inasmuch as impleading him in spite of registered gift deed in his favour, moved an application before the Revenue Minister on 4.1.1985, whereupon vide order dated 5.1.1985 the Revenue Minister after taking into consideration the fact that Shiv Bhagwan and the other Khatedar i Sita Ram or his legal heirs had no knowledge about the ex parte proceedings and the order dated 7.12.1983, directed that status quo be maintained In spite of his earlier order dated 7.12.1983 and the name of the original khatedar In the revenue records be maintained. Subsequently, the legal representatives of Sita Ram Kabra and Shiv Bhagwan who also, In the mean time appears to I have expired, sold their rights In Khasra No. 1956 situate In village Ringus by two separate sale deeds dated 31.5.1994 and 15.11.1997. Mali Ram and Mohar Singh as vendors came into possession of the said lands following the purchase by two registered sale deeds on the dates referred to above and got mutation done in their own names.

4. It appears that Hanuman, Prabhu Dayal and others thereafter filed various civil and revenue suits before the Courts, the details of which are as under:

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