Hon'ble MISHRA, CJ.—These intra-Court appeals are out of the common order dated 26.8.2002 passed by the Single Bench in S.B.C.W.P. Nos. 2552/2001 and 3570/2001. The Special Appeal (Writs) No. 816/2002 and S.A.W. No. 682/2002 have been filed by the appellants-petitioners assailing the order passed by he Single Bench, whereas the Special Appeal (Writs) Nos. 714/2002 and 715/2002 has been preferred by the Scheduled Tribe respondents, whose land has been ordered to be vested in the State.

2. The facts in short giving rise to these appeals are that the land was recorded in the name of Scheduled Tribe persons (Bheels) in the Revenue papers, then one Pratap Singh filed a suit No. 796/1978 before the Revenue Court under Section 88 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act of 1955). The same was decreed vide judgment dated 30.12.1978 passed by the Assistant Collector. On 22.6.1983, the said property was sold in the year 1996, notice under Section 232 of the Act of 1955 was served on the ground that the decree was obtained in violation of provisions of Section 42 of the Tenancy Act, 1955 as to why the reference be note made to the Board of Revenue. Both the parties were heard and reference was made to the Board of Revenue vide order dated 13.2.1996 passed by the Additional Collector, Jalore. Pursuant to the reference made to the Board of Revenue, the Board of Revenue has passed an order dated 24.11.1999 allowing the reference and setting aside the mutation in favour of appellants-petitioners holding hat the decree was per se illegal and void. It could not have been passed against the interest of Bheels belonging to Scheduled Tribe. The proceedings were also initiated under Section 183-B of the Rajasthan Tenancy Act, 1955 for taking possession. The order of restoration of possession was passed with respect of Survey No. 522. As against the said order passed under Section 183-B by the Tehsildar on 8.5.2001, appeal was filed under Section 75 of the Rajasthan Land Revenue Act, 1956. The appeal was dismissed vide order 9.7.2001. The petitioners preferred the aforesaid two writ petitions before the Single Bench of this Court. Both stood dismissed by the common order, which has been impugned in the intra-Court appeals by the parties.

3. The case of the petitioners was that they purchased land in 1983, conversion of land user was allowed in the year 1991 and pursuant thereto, patta was issued after permitting conversion of land for residential purpose.

4. It was further submitted by the petitioners in the writ petition that the land was in cultivator possession of Ghamandi Ram. In the settlement, mistake was committed and it had been shown in the name of respondents No.4 and 5, Raimal Bheel and Hajari Bheel. the land was earlier sold to Pratap Singh and a sale-deed was executed by Pratap Singh in favour of petitioners. The land was converted from agriculture to residential one and pattas were issued on 16.4.1991. The construction was raised after obtaining sanction from the Municipal Board, Sanchore. Thereafter the Tehsildar has referred the matter to the Additional Collector, who in turn vide his order dated 13.2.1996 referred the matter to the Board of Revenue. It is also submitted by the petitioners that there are two khasras No. 521 and 522 and almost similar position arose in both he khasras. The transfer was made in favour of Pratap Singh before promulgation of the Act of 1955, thus, it could not be said that the transfer was made in violation of Section 42 of the Act of 1955. The reference could not have been made after lapse of reasonable time and that too after conversion of land.

5. The State Government in its reply contended that the land was recorded in he khatedari rights of 14 persons Gena Bheel and Ors. belonging to Scheduled Tribe. The decree was passed in violation of Section 42(b) of the Rajasthan Tenancy Act, 1955. Thus, the pattas issued on 16.4.1991 were also void. No right accrued to the petitione

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