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2009 Supreme(Raj) 1779

GOPAL KRISHAN VYAS
Harji Giri – Appellant
Versus
B. O. R. – Respondent


Advocates:
For the Petitioner:S.P. Sharma, Advocate.
For the Respondent No. 2:Vishal Jangi, Advocate.
For the State: Hemant Choudhary, Government Counsel.

JUDGMENT

1. - In this case, the petitioner is challenging the validity of the judgment dated 30.1.1989 passed by Asstt. Collector, Rawatsar in Revenue Suit No. 289/1996 and the order 5.5.2000 passed by the Revenue Appellate Authority in appeal, so also, the order dated 7.3.2008 passed by the Board of Revenue, Ajmer whereby all the Courts below gave concurrent finding that there is no evidence on record to show that the petitioner was in possession of the land in question.

2. As per the petitioner, he was allotted land in the year 1968 measuring 40 bighas but for the first time he filed suit in the year 1996 before the Assistant Collector, Rawatsar and the Assistant Collector, Rawatsar while framing four issues including the issue of possession dismissed the suit filed by the petitioner on the ground that there is no evidence to show that the petitioner was in possession of the land.

3. Learned counsel for the petitioner vehemently argued that as per Rule 14 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 at the time of allotment the petitioner was given possession of the land. Likewise, it is submitted that Hon'ble Division Bench of this Court






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