1. - Instant writ petition was filed by late Smt. Bismillah W/o late Shakur Mohammad to challenge the order of reference dated 30.1.2001 passed by the Collector, Jodhpur and order passed by the Board of Revenue dated 27.3.2002 whereby in the reference proceedings the Board of Revenue quashed the mutation Nos. 89 and 109 of village Banar (Jodhpur district) and declared the land in question as Government land.

2. During the pendency of this writ petition, the original petitioner Smt. Bismillah died. Thereafter, an application was filed by the legal heirs of late Smt. Bismillah upon that they were taken on record vide order dated 20.11.2008.

3. As per facts of the case, the original petitioner Smt. Bismillah purchase agriculture land situated in Khasra Nos. 403, 409 and 419, measuring 34 bigha 19 biswa in village Banar Tehsil and District Jodhpur from original khatedar Sher Khan S/o Kale Khan vide registered sale-deed dated 29.7.1966. The mutation was sanctioned on the basis of the said registered sale-deed vide Mutation Nos. 89/1 and 109 by the revenue authorities in favour of late Smt. Bismillah. The land in question was previously held by late Sher Khan S/o Kale Khan being t