SHARMA, M.—The 17 revision petitions mentioned hereinabove have been filed by the petitioners under Section 230 of the Rajasthan Tenancy Act, 1955 (hereinafter referred as `the Act') being aggrieved by the judgment passed by the Revenue Appellate Authority, Kota on 9.7.2010 in appeals filed by the petitioners/appellants. The petitioners are the allottees of the ceiling acquired land and these revision petitions have arisen out of the restitution proceedings initiated by the non petitioners consequent to a High Court order passed in their favour. The facts and legal issues involved in these revision petitions are similar; therefore, these petitions are being disposed of by a common judgment. The copy of the judgment may be kept on each file.

Factual Matrix

2. The factual matrix of these petitions is this that under the provisions of Chapter III-B of the Rajasthan Tenancy Act, 1955 Shri Jagannath Meena (non-petitioners are his successors) filed his declaration under Rule 9 of the Rajasthan Tenancy (Fixation of Ceiling on land) Government Rules, 1963 in the office of Sub-Divisional Officer, Kota on 30.9.1966. The Sub-Divisional Officer, Kota decided the ceiling case of Shri Jagannath on 16.5.1975 and declared 76.78 Standard Acres of land as surplus. Being dissatisfied by the order of the trial Court Shri Jagannath, the assessee, filed an appeal before the Revenue Appellate Authority, Kota who accepted the appeal on 23.10.1975 and remanded the case to the Sub Divisional Officer, Kota who after rehearing of the case maintained his earlier judgment and ordered the acquisition of 76.78 Standard Acres of land on 23.4.1976. Shri Jagannath filed the first appeal before the Revenue Appellate Authority. Kota assailing the judgment dated 23.4.1976 passed by the trial Court. The appellate court dismissed the first appeal on 0.9.1976. Shri Jagannath, the assessee and his son challenged the judgment of the Revenue Appellate Authority in Revision petition before the Board of Revenue which was dismissed on 14.5.1979. Thereafter the assessee and his son filed special appeal before the Division Bench of the Board of Revenue which was also dismissed on 3.9.1979. Being aggrieved by the judgment dated 3.9.1979 and 14.5.1979 the assessee and his son Ram Naraian filed a D.B. Writ petition in Rajasthan High Court (No. 1713/1980) which was allowed on 3.1.1991 and the case was remanded to the Board of Revenue mainly to decide the issue of ancestral property pertaining to disputed land. The Board reheard the case and after analyzing the evidence adduced by the parties, declared only 47.84 Standard Acres of land as surplus. On 30.1.1992 the non-petitioners filed joint review application on being dissatisfied by the judgment of the Board dated 30.1.1992 and the judgment of the Board dated 27.12.1980 (under new ceiling Act of 1973). The Board of Revenue dismissed the review petition on 6.12.1995. Being aggrieved by the judgment of the Board dated 6.12.1995 and 30.1.1992 the non-petitioners filed a writ petition under article 226 of the Constitution (S.B.C.W.B. No. 545/96) which was accepted on 17.2.2006 and consequently ceiling proceedings against the non-petitioners were dropped. The non-petitioners filed the restitution application under Section 144 of the Civil Procedure Code before the Sub Divisional Officer, Kota who accepted the application and ordered the petitioners to hand over possession of the land allotted to them on 30.4.2010. The petitioners are allottees of the ceiling acquired land and being aggrieved by the order of trial court filed appeals before the Revenue Appellate Authority, Kota who dismissed their appeals on 9.7.2010. The petitioners have filed these revision petitions before this court assailing the judgments passed by both the lower courts on application filed by the non-petitioners under Section 144 of the Civil Procedure Code.

3. Heard the learned counsels of the parties.

4. The learned advocate for the petitioners contended that the

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