The appellants have challenged the order dated 11th October, 2001 passed by the learned Single Judge dismissing the writ petition where appellants had challenged the order passed by the Board of Revenue dated 6th November, 1987 and also order on review petition.

2. Learned counsel for appellants submits that by a "Kaifiyat" (Inam) dated 15th June, 1926, the ancestors of the appellant Mohammad Shahml given land for residence by the then His Highness, Jaipur. In the "Missal Hakiyat" or Samvat 1981, the entires of "kaifiyat" were made. After death of Mohammad Shah, the name of his predecessor Sheruddin Khan was era in the "Missal Hakiyat" of Samvat 1987. In Samvat 2015, the land given "kaifiyat" was recorded as "Sivai Chak" (Government land) during the settlement proceedings. Out of total land allotted to the predecessor of appellant, Khasra Nos. 68 and 69 have been used for a road. Khasra Nos. 65, 66, 69 and 71 had been allotted by the U.I.T., Jaipur to others treating it to be sivai chak" (government land). The allottees have made construction through it is illegal. Khasra Nos. 315 and 63 are in possession of the appellants where residential houses are also existing.

3. In the year 1953, the Government issued Notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 (in short "the Act of 1953") for acquisition of part of the land. On 19.08.1955, the Land Acquisition Officer, Jaipur wrote a letter bringing out the fact about "kaifiyat" in favour of ancestors of the present appellants. The land acquisition proceedings were accordingly dropped. On 10.02.1967, a notice was served on the appellants alleging unauthorized occupation of the land in dispute, however, the proceedings initiated under Section 91 of the Rajasthan Land Revenue Act (in short "the Act") were also dropped. The U.I.T., Jaipur however initiated proceeding for ejectment but it was also dropped on 17.11.1981.

4. On 19.03.1983, the appellants were tried to be dispossessed forcefully by Jaipur Development Authority. The help of Police was also taken thus appellants were left with no option but to maintain an application under Section 88(2) of The Rajasthan Land Revenue Act, 1956 (in short "the Act of 1956") before the Collector. In the application aforesaid, a prayer was made to declare appellants to be khatedar of the land and thereby revenue entries showing it to be "sivai chak" (government land) be deleted. At the same time, whoever has been allotted plots by the U.I.T., should be removed. The State Government as well as JDA were made party to the said application. The reply to the application was filed by the State Government as well as by the JDA. Both the parties did not contest the "kaifiyat" in favour of ancestors of the appellant. During pendency of the proceedings under Section 88(2) of the Act of 1956, two applications were filed for impleadment. The appellants’ Advocate realised that major part of land has been allotted by the State Government or JDA thus kept their claim limited to Khasra Nos. 63 and 315. The appellants through Advocate relinquished their claim in respect of other land. The appellants had produced all the relevant documents before the Collector. It is to show that land in dispute was recorded in the name of ancestors of the appellants. Learned Collector vide his order dated 26.03.1984, allowed the application preferred by the appellants. The State Government did not challenge the order passed by the Collector, however, appeals were preferred by the JDA and others. Those appeals were heard and dismissed by the Revenue Appellate Authority vide order dated 29.01.1985.

5. The parties being aggrieved by the order of the Revenue Appellate Authority, preferred further appeals before the Board of Revenue, Ajmer. Those appeals were allowed by the Board of Revenue vide order dated 06.11.1987. The appellants herein filed a review petition before the Board of Revenue but it was also dismissed vide order dated 28.01.1988. The of