NIRMALJIT KAUR, J.

1. The present writ petition is filed seeking quashing of the reference application dated 12.04.2012 under Section 82 of the Rajasthan Land Revenue Act, 1956 as well as impugned notice issued to the petitioner vide Order dated 19.04.2012 by the District Collector, Udaipur in Case No. 02/2012 (Reference) claiming the property in respect of the Khasra No. 371 (2560 min), 372 (2560 min), 373 (2560/1), 375 (2560 min), 376 (2560 min), 377 (2560 min), 378 (2560 min), 380 (2558, 2562 min), 381 (2559) & 382 (2557) to be a reserve forest.

2. The State of Mewar merged into Union of Rajasthan. At the time of merger and in pursuance to the Article 12 of the Covenant, a list of private properties of Erstwhile Ruler of Mewar was approved by the Union of India. In the list of private properties of Erstwhile Ruler of Mewar State, the property in question known as Khas Odhi along with Badi Pal was shown within the southern boundary of the City Palace meaning thereby that both the properties, namely, Khad Odhi and Badi Pal are part and parcel of the City Palace, Udaipur and situated within the southern boundary of the Palace. Subsequently, it was also confirmed by the State of Rajasthan vide its Order dated 20.12.1961 and the copy of the same was also sent to the Revenue Department (Forest) for information and necessary action. In pursuance to the order of the Assistant Settlement Officer dated 04.06.1955, the property in dispute was ordered to be entered in favour of the Palace Household. However, the record of rights were not corrected. Hence, in pursuance to a Letter dated 17.10.1966 addressed by the then Maharaja of Udaipur, the State Government issued the Letter dated 27.10.1966 to the then Collector of Udaipur that land of Khasra Nos. 2563, 2564 & 2565 be allowed to be retained by the Forest Department as offered in donation from Maharaja of Udaipur and the other pieces of land illegally occupied be handed over back by the Government to the Household free of any encumbrances. A Letter dated 17.11.1969 was also issued by the then Collector, Udaipur to the D.F.O. Udaipur and Tehsildar, Girwa to handover the possession of the said land. The various authorities in pursuance to the various proceedings initiated under the Ceiling Act, Compensation as well as under Section 91 of the Rajasthan Land Revenue Act, held the land in dispute to be private property and Abadi land. After more than 50 years, a notice was issued to the petitioner in pursuance to a reference application under Section 82 of the Act of 1956 qua the same piece of land. Hence, the present writ petition has been filed challenging the said notice and reference made under Section 82 of the Act of 1956.

3. Reply has been filed. While opposing the writ petition, Mr. P.R. Singh, learned Additional Advocate General appearing for the respondent-State submitted that the writ petition was premature as the reference application was still pending before the District Collector, Udaipur and even if, the reference is decided against the petitioner, then also, the petitioner is having the alternative statutory remedy available under the Act. Secondly, the preliminary notification under Section 4 declaring the proclamation for reserve forest for this land was published in the Mewar Government Gazette in the year 1945 under the Mewar Forest Act, 1942. Thereafter, after the due proceedings of settling all claims, titles and rights as per law were over, the final decision to declare Forest Block Banki was passed by the F.S.O. on 31.08.1962 and based on this decision, Section 20 notification was notified under the Rajasthan Forest Act, 1953 by the Revenue Secretary, Government of Rajasthan on 13.10.1964, which was published in the Gazette of Rajasthan dated 03.12.1964. Thirdly, as per the Gazette Notification of Forest Block Banki, land area of 05 villages, namely, Bal