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 parti

Click Here to Read the rest of this document