1. - This writ petition is directed against the order of Board of Revenue dated 27/6/2005.

2. The chequered history of the case commences with resumption of Jagir Sattasar in erstwhile Bikaner State under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the `Act'). Jagir Sattasar stood resumed on 15.8.1954 and the records of the Jagir were also handed over to the Revenue authorities of the State of Rajasthan through Tehsildar on 27.9.1955.

3. Along with surrender of records, the erstwhile Jagirdar Rao Baldev Singh also submitted a list of personal properties which included 5490 bighas of the agricultural land situated in villages Meergarh, Raola and Anandgarh in Ganganagar and Bikaner District, as was then existing. He also moved an application on 13/3/1957 to correct the land records under the Rajasthan Land Revenue Act for entering the aforesaid agricultural land as his khudkast land. The application for correction of land record was granted by the Divisional Commissioner vide his order dated 30/11/1958.

4. The Tehsildar, who was officer deputed to take charge of the Jagir, did not follow the procedure prescribed under Section 22 of the Act in respect of list of personal properties submitted by the erstwhile Jagirdar. Section 22 of the Act envisages that where officer taking over charge of the Jagir is of the opinion that any item of the property included in the list submitted under Section 23 of the Act is not the property, which the Jagirdar is entitled to hold as personal property under Section 23, he was required to record reasons for his opinion and refer the matter to the Jagir Commissioner under Sub-section (2) of Section 23 and simultaneously he is required to forward copy of such reference to the Government as well as to the Collector of the District in which the property in dispute is situated. In any other case, he was required to affix the list on the notice board of the Tehsil concerned the Municipal Board or village Panchayat concerned for inviting objections, if any, to the inclusion of any property or part thereof mentioned in the list submitted by the erstwhile Jagirdar to be retained as his personal property. The decision was ultimately to be made by the Jagir Commissioner on an inquiry to be held by him.

5. In the instant case, the Tehsildar recommended the acceptance of the list of personal properties to the Sub-Divisional Officer and recommendations of the Tehsildar were endorsed with approval by the SDO & Collector and also by the Divisional Commissioner on 30/11/1958 as private properties of the erstwhile Jagirdar. No appeal or revision was preferred against the order of the Divisional Commissioner passed on 30/11/1958.

6. Thereafter, the Director, Colonisation approached the Divisional Commissioner for recalling the order dated 30.11.1958, which was declined by the Divisional Commissioner on 5/3/1959. Against the order dated 5.3.1959 of Divisional Commissioner, an appeal was preferred before the Board of Revenue, who allowed the appeal and directed the Divisional Commissioner to refer the matter to the Jagir Commissioner.

7. In pursuance of the aforesaid directions, on a reference being made to him, by order dated 5/10/1959, the Jagir Commissioner declared the properties included in the list as personal properties of the Jagirdar.

8. Against the order of Jagir Commissioner, State Government preferred an appeal which was allowed by the Board of Revenue vide its order dated 8/4/1960 and the matter was sent back to Jagir Commissioner for passing fresh order in accordance with law. Review application against the order of the Board of Revenue was dismissed on 16/7/1962.

9. Aggrieved with the aforesaid order of remand, Rao Baldev Singh preferred writ petition before the High Court, which was allowed on 7/10/1963, but the order of High Court was set aside on further appeal before the Supreme Court vide order dated 14/12/1967 upholding the order of remand made by the