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2019 Supreme(Raj) 609

DINESH MEHTA
Amar Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Gourav Thanvi

JUDGMENT :

Dinesh Mehta, J.

1. The present writ petition, filed under Article 227 of the Constitution of India, is directed against the order dated 14.09.2018, passed by the Board of Revenue, Ajmer, whereby petitioner's appeal has been rejected.

2. Briefly narrated, the facts of the case are that the petitioner filed a suit under Section 88 of the Rajasthan Tenancy Act, 1956 for declaration of his Khatedari rights with respect to land admeasuring 60 Bighas in Khasra No. 126 of village Baitina, Tehsil Pokaran, District Jaisalmer, with the assertion that the land in question is possessed by him/his father since ages, however due to inadvertence/official lapse, the same could not be recorded in their name, at the time of settlement.

3. The petitioner's suit came to be rejected by the Assistant Collector, Pokaran vide order dated 10.10.2006, inter alia, with observation that the petitioner had not produced any documentary evidence to evince his possession.

4. Appeal there against filed by the petitioner came to be dismissed by the Revenue Appellate Authority vide its order dated 12.04.2007, reiterating the finding so recorded by the learned Trial Court. The Appellate Authority observed that

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