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2007 Supreme(Raj) 1735

RAJESH BALIA, BHANWAROO KHAN
Pratapa Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellants:G.R. Punia, Advocate.
For the Party:L.R. Upadhyaya, Deputy Government Advocate.
For the Party: V.D. Dadhich for N.M. Lodha, AAG.

JUDGMENT

1. 1. Heard learned counsel for the parties.

2. This appeal is directed against the judgment of learned Single Judge dated 17.5.1999 dismissing the writ petition filed by the appellants.

3. The appellants are all descendants of one Taga Ram and appellants No. 1 and 2 Pratapa Ram and Jhhala are his sons. Appellants No. 3/1 and 3/2 are the sons of late Momta Ram S/o. Taga Ram, who is brother of Pratapa Ram and Jhhala Ram.

4. The petition was filed by the appellants challenging the order passed by the District Collector, Jalore on 22.3.1999 (Annex.7).

5. The facts giving rise to this appeal are that the appellants were holding the land in-question under two pattas; one patta was granted by the Tehslldar, Jalore in favour of appellants No. 1 and 2 and the second patta was granted in favour of appellant No. 3 late Shri Momata Ram both on 8.6.1973 on the basis of their old possession.

6. While the patta of the land issued in favour of Pratapa Ram and Jhhala Ram measuring 1000 Sq. Yards formed part of khsara No. 238, the patta issued in favour of Momata Ram measured 673 Sq. Yards in Khsara No. 239. The pattas have been granted on the basis of old possession. The grant of 'sanad' in fa



















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