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2013 Supreme(Raj) 2219

MOHAMMAD RAFIQ
Chhotu Singh (deceased) represented by Mahavir Singh, and Mishrilal – Appellant
Versus
The Board of Revenue for Rajasthan, Ajmer – Respondent


Advocates:
For the Petitioner: Gayatri Rathore, counsel.
For the Respondents: Kapil Bardhar, counsel.

JUDGMENT

1. - This writ petition has been filed by petitioners, namely, (1) Chhotu Singh, now deceased, who is represented by Mahavir Singh, and (2) Mishrilal, assailing the order of the Board of Revenue dated 02.06.1992 and that of the Assistant Collector, Sambhar Lake, dated 26.09.1979. It is prayed that these orders may be quashed and set aside and the order dated 08.01.1986 passed by the Revenue Appellate Authority may be restored.

2. Petitioner no.1 Chhotu Singh was younger brother of Jagirdar of Thikana Padasoli, Tehsil Dudu, District Jaipur. The dispute is about the land of Khasra No.1765 measuring 14 bighas and 11 biswas. According to the petitioners, this land was in the khatedari of petitioner no.1 at the relevant time. When he was serving in the Indian Army, certain villagers encroached upon his land. After retirement, when he returned to his native village in 1960, he found that most of the land was in possession of other persons. Even entries in the revenue record were made in the name of such persons. According to the petitioners, petitioner no.1 took cultivatory possession of his land in 1960. Earlier his father used to cultivate this land but because of his sad demis













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