GOVIND MATHUR, SANJEEV PRAKASH SHARMA
Suleman son of Abu Bakar – Appellant
Versus
State of Rajasthan, through the Tehsildar, Barmer – Respondent
Sanjeev Prakash Sharma, J.
1. Admit.
2. Both the counsel jointly agree that the matter be decided at this stage.
3. With the consent of both the counsel for parties, the matter is heard finally at this stage.
4. By way of this appeal, the appellant before us seeks to challenge the order dated 18.01.2016 passed by the Single Judge in S.B. Civil Writ Petition No.12850/2015 whereby writ petition preferred by him challenging the order of Board of Revenue dated 23.07.2015 has been dismissed.
5. The Board of Revenue vide its judgment has quashed the judgment dated 26.09.2012 passed by Revenue Appellate Authority and in favour of the appellant whereby the Revenue Appellate Authority had reached to the conclusion that there was no evidence to hold that appellant had left his village and migrated to Pakistan and thereby directed the action of the Sub-Divisional Officer for recording the land of the appellant in name of the State, as bad in eye of law and further declared the land in Khasra No.340/151 ad measuring 24 Bighas 5 Biswa as that of the appellant in Village Lakhetali, Tehsil Bandra, District Barmer.
6. In brief facts of the case are that petitioner Suleman a permanent resident
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