Sangeet Lodha, J.

This petition is directed against order dated 28.2.97 of the Board of Revenue Rajasthan, whereby an application preferred by the State of Rajasthan under Section 9 of Rajasthan Land Revenue Act, 1956 (for short “the Act”) questioning the mutation no. 52 and 60 of the land ad measuring 7 bighas 6 biswas comprising khasra no. 258 situated at village Avloj, Tehsil & District Jalore, recorded in the name of the petitioners have been cancelled and the land in question is directed to be recorded in the name of Deity Shri Vishnu Bhagwan.

2. The relevant facts are that Shri Uda s/o Chatra Saadh sold the agriculture land measuring 7.06 bighas comprising khasra no. 258 situated at village-Avloj, claiming the same to be his khatedari land, in favour of the petitioners no. 1 & 2 herein, vide registered sale deed dated 10.10.63. On the strength of the sale deed executed as aforesaid, the land was mutated in the name of the petitioners no. 1 & 2, vide mutation No. 52 dated 22.1.64. On 4.4.64, the petitioner no. 1 & 2 further transferred the land in favour of the petitioner no.3 and accordingly, the land was mutated in his name vide mutation No. 60.

3. In the year 1989, Tehsildar made an application under Section 82 of the Act before the Additional Collector, Jalore for cancellation of the aforesaid mutation Nos. 52 & 53 on the ground that the land in dispute belongs to Doli banam Mandir Shri Vishnu Bhagwan and Uda s/o Chatra had no right to transfer this land in favour of the petitioner no. 1 & 2. The petitioners contested the application by filing a reply thereto taking the stand that the said land was never land of Doli in the name of Mandir Shri Vishnu Bhagwan rather, it was khatedari land of Uda. The petitioners relied upon khasra bandobast pertaining to Samvat 2003-04 in order to show that the name of Doli banam Mandir Shri Vishnu Bhagwan has been entered into the documents by way of interpolation in different ink and different hand, without there being any order of the competent authority. The Additional Collector, Jalore, vide order dated 24.7.91, rejected the application preferred by the Tehsildar, Jalore to make a reference to the Board of Revenue.

4. Thereupon, the State of Rajasthan submitted an application invoking the power of general superintendence of Board of Revenue under Section 9 of the Act. The Board of Revenue relying upon the revenue record of Samvat 2005 to 2029 arrived at the finding that the land in question was the Maufi (Doli) land of Deity Shri Vishnu Bhagwan and even after abolition of Doli, the land was wrongly mutated in the name of Pujari and thus, on the basis of the illegal transfer made by the Pujari, the petitioners herein cannot claim any right over the land in question. Accordingly, the Board of Revenue proceeded to quash the mutation Nos. 52 & 60 and further ordered that land in question be recorded in the name of Deity Shri Vishnu Bhagwan as it was. Hence, this petition.

5. Learned counsel appearing for the petitioners contended that the application seeking reference of the matter to the Board of Revenue, preferred by the Tehsildar, Jalore having been rejected by the Additional Collector, Jalore, after recording categorical finding regarding interpolation in the record, instead of challenging the order passed by the Additional Collector, the State could not have invoked the jurisdiction of the Board of Revenue under Section 9 of the Act. Learned counsel submitted that the revenue record pertaining to Samvat 2003-04 was not placed before the Board of Revenue, which has resulted in erroneous finding being arrived at. Learned counsel submitted that khasra bandobast of Samvat 2003-04 clearly shows that the land in question was recorded as khudkhast land of Uda and after interpolation therein by different ink and different hand, the name of Deity was entered and thus the entries of the land in question in the revenue record in the name of Deity is of no consequences. Learned counsel subm