1. The petitioners herein claiming to be the successors of late Shri Hanif Khan have approached this Court by way of this writ petition under Articles 226 & 227 of the Constitution of India for assailing the order dated 14.10.2017 passed by Civil Judge, Nagaur in Civil Original Case No.117/2017; order dated 11.01.2018 passed by District Collector, Nagaur under Section 11A of the Rajasthan Religious Building & Premises Act, 1954 and to restrain the Collector Nagaur and all concerned authorities from interfering with the peaceful possession of the petitioners over the property in question.

2. Brief facts as narrated in the memo of writ petition are reproduced hereinbelow for the sake of reference.

3. Late Shri Haneef Khan filed a suit No.28/1966 under Section 88-89 of the Rajasthan Tenancy Act, 1955 before the SDO Nagaur seeking declaration of rights and for correction in the revenue records stating that the subject piece of land which he was cultivating prior to enactment of the Rajastnan Tenancy Act, 1955 had been inadvertently entered as Khalsa land and thus, requisite correction be ordered.

4. Vide judgment dated 21.12.1968, the SDO declared Shri Haneef Khan to be the khatedar of the land and directed the Tehsildar to enter his name in the revenue records. However, the order passed by the SDO, Nagaur could not be executed and the subject parcel of land continued to remain in the officials revenue record as Khalsa land.

5. In the year 1993, notice under Section 91 of the Land Revenue Act, was served upon Shri Haneef Khan. Shri Haneef Khan filed an appeal under Section 75 of the Land Revenue Act, 1956 before the Additional Collector, Nagur who rejected the same by order dated 30.12.1998.

6. Shri Haneef Khan challenged the order dated 30.12.1998 by filing an appeal before the Revenue Appellate Authority who decided the appeal by order dated 08.03.2000 and remanded the matter to the Additional District Collector, Nagaur for fresh decision in light of the judgment-cum-decree dated 21.12.1968.

7. In the year 2002, the District Collector, Nagaur passed an order dated 14.05.2002 whereby 66 Bighas and 10 Biswa (53-10 Bighas land from Khasra No.379/790 & 13 Bighas land from Khasra No.379) was allotted to Government Mahila College, Nagaur (Madi Bai Girls College, Nagaur).

8. Shri Haneef Khan challenged the above allotment order by filing an appeal under Section 75 of the Land Revenue Act. The Revenue Appellate Authority decided the appeal by order dated 15.06.2004 and the revenue authorities were restrained from dispossessing Shri Haneef Khan from 10 bighas of the land situated in Khasra No.379.

9. The petitioners allege that in order to justify their illegal acts and to somehow or the other to support the wrongful allotment made to the Institution, the judgment and decree dated 21.12.1968 were challenged by the revenue authorities after nearly 47 years. The application for reference sponsored by the Tehsildar was accepted by the District Collector, Nagaur who passed an order dated 10.07.2015 and forwarded the matter to the Board of Revenue for deciding the reference on merits.

10. It appears that in the intervening period, a Mazaar/Dargarh cropped up on a part of the land in question. In light of the allotment made to the educational institution, the respondents intended to demolish the said Mazaar when a person named Ali Asgar in the capacity of representative of Muslim community filed a suit for temporary injunction praying that the Mazaar should not be demolished.

11. The petitioners have raised a grievance that they were intentionally not impleaded as parties in the suit and behind their backs, rather than passing a positive order and preventing demolition of the Mazaar/Dargarh, the Civil Court passed an order that the authorities were at liberty to demolish the mosque only after following due process of law. The petitioners claim to be ignorant of the suit proceedings. However, they claimed to have gained knowledge about the same