2013 Supreme(Raj) 2128
MOHAMMAD RAFIQ
Somoti – Appellant
Versus
Board of Revenue – Respondent
Advocates:
For the Petitioners:Bharat Saini, Advocate.
For the Respondents:H.S. Bikarwar, Advocate.
JUDGMENT
1. - This writ petition is directed against the judgment of the Board of Revenue dated 9/4/2013 which has over turned the judgment of the Divisional Commissioner dated 5/4/2012 and that of the Additional Collector dated 14/9/2007. The Additional Collector in his judgment while condoning the delay of 11 years in appeal filed by the petitioner and remanded the matter to the Tehsildar for deciding the question of mutation again.
2. Contention of the learned counsel for the petitioner is that brother of the petitioners, declaring himself as sole legal representative of their father, got the entire land mutated in their favour and therefore mutation proceedings have rightly been revoked on remand by the Additional Collector. It is argued that the delay of 11 years in filing the appeal occurred because petitioners were completely unaware of the mutation entry dated 24/1/1994 having been attested in favour of respondent No.5 and even if the appeal was filed on 14/12/2005, delay has rightly been condoned.
3. Learned counsel for the respondents opposed the writ petition and submitted that land was purchased by respondents No.6 and 7 in 2000 and they are in possession since then. In f
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