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2009 Supreme(Raj) 2006

MOHAMMAD RAFIQ
Rajendra Prasad – Appellant
Versus
Board of Revenue – Respondent


Advocates:
For the Petitioners:R.K. Mathur, Advocate.
For the Respondents:S.N. Kumawat, Advocate.

JUDGMENT

1. - This writ petition is directed against the order dated 17.03.2001 passed by Board of Revenue, by which the order dated 08.01.1999 passed by Revenue Appellate Authority was reversed and order dated 09.04.1997 passed by the S.D.O., Behror, District-Alwar, appointing Receiver over the disputed agricultural land was restored.

2. Factual matrix of the case is that the respondent No. 4 (plaintiff) filed a revenue suit for declaration and permanent injunction in relation to land of Khasra No. 467 measuring 14 Bigha and Khasra No. 302 measuring 1 Bigha having new Khasras No. 708, 709, 723 and 724 against the petitioners and their two brothers, namely, Kanwar Singh and Sardar Singh; and also State of Rajasthan through Collector, Alwar.

3. The case set up by the respondent No. 4 was that her husband, namely, Ram Singh was the employee of Railway Protection Force and who died in the year 1968 in the national interest while fighting with the dacoits. After the death of plaintiff's husband, she requested the State Government for allotment of land to the extent of 30 Bigha for her maintenance. The plaintiff (Respondent No. 4 herein) was also given the benefits of gratuity and other s

















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