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2014 Supreme(Raj) 1315

AMITAVA ROY, VIJAY BISHNOI
Ganpat Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellants: H.R. Soni, Amicus Curiae.
For the Respondents:M.C. Bhoot, Senior Advocate and B.D. Purohit, Advocate.

JUDGMENT

1. - Both these appeals are directed against the order dated 13.11.2003 passed by the learned Single judge in writ petitions preferred by appellant - Ganpal Lal and Ors., whereby the learned Single Judge has dismissed the writ petitions challenging the order passed by the Board of Revenue dated 8.8.1997.

2. Brief facts of the case are that Tehsildar, Jodhpur, in the years 1977, 1979 and 1980 issued notices under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short the Act of 1956' hereinafter) to one Ramchandra-father of the appellants stating therein that he encroached over the Government land of Khasra Nos. 123 and 125 of Village Sunthala, Tehsil and District Jodhpur and, therefore, why he should not be dispossessed from the said land or why the penalty be not imposed upon him.

3. On 11.2.1981, the appellants filed a revenue suit in the Court of S.D.O. Jodhpur for declaration of Khatedari rights and for grant of injunction, while claiming that they had cultivatory possession of Khasra Nos. 125 and 123 situated in village Sunthala, Tehsil and District Jodhpur. It was contended that in Khasra No. 125, they had 16 Bighas and 11 Biswas of the land and 9 Bighas of the



















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