1. - By way of this writ petition, challenge is given to the order dated 24.09.1998 (Annex.7) as passed by the Board of Revenue for Rajasthan, Ajmer in Revision Petition No. LR/6/95/Pali whereby the Board has proceeded to set aside the order dated 30.01.1975 (Annex.2) as passed by the Assistant Collector, Pali in Case No.6/1972 in the matter relating to the entries in the revenue records.

2. The background facts and relevant aspects of the matter are that according to the petitioner, his forefathers were the khatedars of agricultural land comprised in Khasra No.485 at Chak No.2, Pali admeasuring 104 bighas and 4 biswas of which, 50% of the land, admeasuring about 52 bighas and 2 biswas, came to the share of Nawlaji, grand-father of the petitioner. The petitioner has averred that after Nawlaji, the name of one Lachchaji wrongly came to be recorded in the revenue records instead of the name of Chainaji, father of the petitioner Tara Chand; that the said Shri Lachchaji was the son-in-law of the petitioner's grand-father Nawlaji but otherwise had no connection with the land in question; that Lachchaji proceeded to sell the said land to the respondent No.5 Champa Lal through a registered sale deed dated 13.05.1966 without handing over possession; and that the land in question continued to remain in his and his ancestors' possession.

3. The petitioner has averred that upon noticing the fact about the execution of the aforesaid sale-deed, he raised an objection on 17.07.1966 before the competent authority and prayed for correction of the record but the authority declined to make the requisite correction and thus, he preferred an appeal along with the other co-sharers of the land before the Additional Collector, Pali who proceeded to pass an order on 02.12.1969 (Annex.2) remanding the matter to the Tehsildar for making a detailed enquiry after recording evidence.

4. The petitioner has further averred that the Tehsildar did not take appropriate action in pursuance of the order dated 02.12.1969 though the said order had attained finality; and for inaction on the part of the Tehsildar, he moved an application (Annex.3) to the Assistant Collector, Pali on 11.04.1972 for appropriate execution of the said order dated 02.12.1969. On the application so moved by the petitioner, the Assistant Collector, Pali proceeded to pass an order dated 30.01.1975 (Annex.4), purportedly giving directions to the Tehsildar to execute the order dated 02.12.1969.

5. The petitioner submits that the aforesaid order dated 30.01.1975 had not only attained finality but was put into execution and in pursuance thereof, his name was recorded in the revenue records under the mutation entries made under the order dated 19.01.1976 (Annex.5). The petitioner further points out that the respondent No.5 moved an application, purportedly under Section 232 of the Rajasthan Tenancy Act, 1955, before the Collector, Pali for making a reference to the Board of Revenue and such an application came to be rejected by the learned Collector on 29.09.1994 (Annex.6).

6. The petitioner has averred that despite the aforesaid orders made in his favour having attained finality and the record having been corrected, about 20 years later, the respondent No.5 preferred a so-called revision petition before the Board of Revenue on 27.01.1995, purportedly under Section 84 read with Section 9 of the Rajasthan Land Revenue Act, 1956 ('the Act'), seeking to question the order dated 30.01.1975, and the Board, without any justification, proceeded to accept the petition so moved by the respondent 3No.5 by its impugned order dated 24.09.1998 (Annex.7) and to set aside the order dated 30.01.1975 as passed by the Assistant Collector, Pali.

7. Assailing the aforesaid order dated 24.09.1998 as passed by the Board of Revenue, learned counsel for the petitioner has strenuously contended that the impugned order suffers from fundamental illegality inasmuch as without any reason or justification, the Board has p