A reference under Section 82 of the Rajasthan Land Revenue Act, 1956, must be made within a reasonable time. A delay of 35 years in making the reference is unreasonable and unjust, and the reference will be quashed.

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 tenant/bapidar and it was transferred through registered sale-deed vide sale-deed dated 29.7.1966 in favour of Smt. Bismillah.

4. The State Government ejected Smt. Bismillah from the land in question without giving any compensation and handed over the possession of the land to the Defence knowing it well that Smt. Bismillah is khatedar of the land in question. Smt. Bismillah raised objection upon which acquisition proceedings was initiated vide notification dated 7.8.1987 while issuing notice under Section 4 of the Land Acquisition Act, 1894 in which notice was issued to the original petitioner Smt. Bismillah which is evident from the notification dated 7.8.1987.

5. After issuance of the notification under Section 4 of the Land Acquisition Act, a notification under Section 5-A was issued and when no steps were taken by the respondents for payment of compensation, then, late Smt. Bismillah preferred writ petition before this Court, being S.B. Civil Writ Petition No. 2337/1992, against the State for determination of amount and payment of compensation, Learned Single Judge of this Court decided the said writ petition on 8.12.1993 whereby the Collector, Jodhpur was directed to decide the question whether the petitioner is khatedar tenant of the land in question or not and, further orderet that if it is found that the petitioner is khatedar tenant of this land, then, whatever compensation is payable the payment be made for which she is entitled. Late Smt. Bismillah was directed to appear before the District Collector Jodhpur and granted opportunity to produce all record pertaining to her khatedari rights and the District Collector, Jodhpur was directed to pass proper order in accordant with law after hearing the petitioner within a period of two months from the of order.

6. The District Collector complied with the aforesaid order vide its order dated 30.3.1994 whereby although it is accepted that name of Smt. Bismillah is enters in the khatedari but gave further finding in the order that Sher Khan S/o Kale Khan from whom late Smt. Bismillah purchased the land through registered sale-deed was not khatedar tenant of the land in question, therefore, the District Collector, Jodhpur issued direction to the Tehsildar Jodhpur to proceed to make reference under Section 82 of the Act to the Board of Revenue within a period of one month from the date of order.

7. The Tehsildar Jodhpur filed an application before the District Collector, Jodhpur for making reference to the Board of Revenue in pursuance of the directions so issued on 30.3.1995 by the District Collector, Jodhpur and the District Collector, Jodhpur made reference under Section 82 to the Board of Revenue, Ajmer against Mutation Nos. 89 and 109 dated 4.12.1966 vide order dated 30.1.2001.

8. After making referen