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2017 Supreme(Raj) 992

ARUN BHANSALI
Trilok Singh – Appellant
Versus
State of Rajasthan through Colonization Secretary, Govt. of Rajasthan, Jaipur – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sudheer Sharma and Mr. M.P. Pareek, Advocates.
For the Respondent: Mr. A.R. Godara, Dy. G.C.

ORDER :

Arun Bhansali, J.

This writ petition has been filed by the petitioners seeking direction to the respondents to comply with the decree dated 03.12.1981 passed by SDO, Jaisalmer and further a restrain against the respondents from taking action against the petitioners under Section 22 of the Rajasthan Colonization Act, 1954 ('the Colonisation Act') and/or under Section 91 of the Rajasthan Land Revenue Act, 1956 ('the Land Revenue Act').

2. The petitioners' father/husband Mahadan Singh filed a suit under Section 88 of the Rajasthan Tenancy Act, 1955 ('the Rajasthan Tenancy Act') in the year 1979 before the SDO, Jaisalmer seeking declaration of Gair khatedari Rights in land ad-measuring 30 Bigha 8 Biswa comprised in Khasra No.293 having a total area of 140 Bigha 16 Biswa.

3. After trial, the suit was decreed by judgment & decree dated 03.12.1981. The petitioners' father Mahadan Singh was declared Gair khatedar of the land admeasuring 30 Bigha 8 Biswa. It was further directed that the land revenue be realized from the plaintiff and the land be recorded in his name.

4. It is claimed in the writ petition that the petitioners' father Mahadan Singh died in the year 1986 and the petitioner




















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