Hon'ble MAHESHWARI, J.—The petitioner has filed this writ petition seeking the following reliefs:-

"(i) By an appropriate writ, direction or order, the mutation No. 764 (Annex. 6) ordered by Gram Panchayat Bawri in favour of Sayarchand may be quashed and set aside.

(ii) By an appropriate writ, direction or order, it may be declared that respondents No. 3 & 4 do not have any title over the lands in khasra No. 769, 773 and 774 of village Bawri on the basis of sale deed executed by Sayarchand.

(iii) Cost of this writ petition may kindly be awarded in favour of the petitioner.

(iv) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted."

2. The petitioner has claimed the reliefs aforesaid, essentially against the mutation effected in the revenue record way back in the year 1964. The petitioner has averred that his grandfather Mana Ram son of Ratna Ram was the khatedar tenant of the land comprised in khasras Nos. 575, 726, 727, 728, 729, 746,769, 773, 774, 782, 578 and 773/1 admeasuring 121 bighas 7 biswas and situated at village Bavdi, Tehsil Osian, District Jodhpur; that a Civil Suit bearing No. 5/1959 was filed against the said Shri Mana Ram in the Court of Civil Judge, Jodhpur for recovery of a sum of Rs. 4,650/- that was decreed on 21.8.1959; and that in execution of the decree so passed, the house of Mana Ram situated at Bavdi, and `Bera' of Mana Ram situated in khasra No. 773/1 measuring 1 bigha 2 biswas were attached and ultimately auctioned on 26.10.1960 wherein the said `Bera' was auctioned in favour of Sayar Chand son of Sumer Mal, the uncle of the respondents Nos. 3 and 4.

3. The petitioner asserts that only the said `Bera' (the well) in khasra No. 773/1 was auctioned in execution of the decree but the Gram Panchayat perhaps wanted to favour Sayar Chand and, therefore, even in the absence of any sale certificate of other khasras in favour of Sayar Chand, proceeded to pass an order for mutating other khasras in the name of Sayar Chand and thereby, the questioned mutation No. 764 came to be effected. It is noticed that by way of the questioned mutation, the land comprised in Khasra No. 769, 773, 773/1 and 774 came to be recorded in the name of the said Shri Sayar Chand. According to the petitioner, Shri Mana Ram was in jail and was not aware of the said proceedings; and even after release, was not aware of the fraud and remained under bona fide belief that the land was auctioned by the Civil Court and did not claim any right. The averments in this regard as taken in the petition read as under:-

"7. That Shri Mana Ram was in jail and was not aware of the same. After release from the jail, he could not know of the fraud by which lands were mutated in favour of Sayarchand in bonafide belief that the lands were auctioned by the Civil Court and he did not claim any right in the lands.

8. That after the death of Mana Ram, his sons also were not aware of this fraud committed by Sayarchand with the aid of Patwari and Gram panchayat."

4. The petitioner has further averred that Sayar Chand purportedly transferred the land in khasra Nos. 769, 773 and 774 in favour of his nephews, the respondents Nos. 3 and 4, under the registered sale deed dated 18.11.1971 (Annex. 7) and the respondents Nos. 3 and 4 got a plan prepared proposing a residential colony in the name of Mahadeo Nagar on the said land of khasra Nos. 769, 773 and 774 alongwith other parcels of land.

5. According to the petitioner, he has been advised to the effect that agriculture land could not have been sold in execution of the money decree by the Civil Court; and, after obtaining the copies of the relevant documents and on the legal advice, he is satisfied that Sayar Chand had obtained the questioned mutation No. 764 from the Panchayat fraudulently with the help of the then Patwari.

6. With the submissions as above, the petitioner has filed this writ petition seeking to assail the said mutation No

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