JUDGMENT :

1. Since the questions raised for consideration in both these writ petitions pertain to the common order passed by the learned Board of Revenue dated 21.07.2015 dismissing the reference made by the Tehsildar through State Government, hence both the writ petitions, as agreed by counsel for the parties, have been heard together & are being decided by the present order.

2. The facts being common in brief are that the State of Rajasthan through Tehsildar filed a reference u/s.82 of the Rajasthan Land Revenue Act, 1956 (hereinafter to be referred to as “Act, 1956”) stating therein that the land of khasra Nos.208, 209, 210, 211/12, 213 & 211/843, measuring 10.13 bighas situated in village Bhambhori, Tehsil & District Jaipur belongs to Mandir Mafi Shri Khoja Ji from Samwat 2015-2034. It was further stated that in Samwat 2019-2022, the said land was recorded in the name of Khatedars namely Nathya & Manna, both sons of Lala Balai without any valid order and lastly prayed that the land in dispute be recorded in the name of Mandir Mafi Shri Khoja Ji.

3. The learned District Collector, Jaipur after hearing the parties vide order dated 09.01.2006 sent the reference to the learned Board of Revenue, Raj., Ajmer. In turn, the said reference was received & registered with the learned Board of Revenue as bearing No. Reference/LR/2395/ 2006/Jaipur, in which an application under Order 1 Rule 10 C.P.C. was also filed by the applicants Madan Lal & Ors. seeking their impleadment as party to the proceedings being Pujaris of the Mandir Shri Khojaji.

4. The State Government opposed the application filed on behalf of the applicants-Madan Lal & Ors. and submitted that the applicants were never the Pujaris of the said Mandir.

5. The learned Board of Revenue vide impugned order dated 21.07.2015 rejected the application filed by the applicants-Madan Lal & Ors. under Order 1 Rule 10 C.P.C. for impleading them as party to the proceedings.

6. The learned Board of Revenue on merits held that after coming into force the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 (hereinafter to be referred as the “Act, 1952”), the land in dispute vested in the State Government and the persons who were actually cultivating the land in dispute were rightly recorded as Khatedars. The learned Board of Revenue also considered the circular of the State Government dated 24.05.2007 and rejected the reference vide impugned order dated 21.07.2015.

7. Hence, the writ petition (CWP-17953/2016) has been filed by the State being aggrieved by the rejection of the reference and the connected writ petition (CWP-4885/2017) on behalf of residents of village Bhambhori, Tehsil & District Jaipur namely Kailash Sharma & Jai Kumar, challenging the order passed by the learned Board of Revenue dated 21.07.2015.

CWP No. 17953/2016:-

8. Counsel for the petitioner-State submitted that the order passed by the learned Board of Revenue is against the facts & law involved in the matter and the learned Board of Revenue has committed serious illegality in dismissing the reference as it failed to consider this aspect of the matter that no formal order was passed entering names of ancestors of the present respondents in the revenue records. Counsel further submits that the Tehsildar was competent to make reference to the Collector even after 44 years since no period of limitation has been prescribed for making reference u/s.82 of the Act, 1956.

9. On the other hand, counsel for the respondents supported the order passed by the Board of Revenue and submitted that the present reference has been made by the Tehsildar after a delay of 44 years in the year 2005. Counsel further submits that after coming into force the Act, 1952, the land in dispute was rightly recorded in the names of ancestors of the respondents namely Nathya and Manna, both sons of Lala Balai. Counsel further submits that the learned Board of Revenue has rightly considered the circular dated 24.05.2007 issued by the State Government and a