JUDGMENT :

Mohammad Rafiq, J.

The present appeal has been filed by the appellant assailing the judgment of the learned Single Judge dated 12.7.2019, by which the writ petition filed by him has been dismissed.

2. The appellant in the aforesaid writ petition has challenged the judgment of the Board of Revenue dated 28.2.2006 by which the revision petition filed by respondent no.5-Shyam Sunder Bhatra was allowed and he was declared khatedar of the land comprising in khasra no.1919/1/2 measuring 1 bigha 3 biswa situated in village Chomu, District Jaipur.

3. Facts giving rise to this appeal are that one Kanhaiyalal S/o Balu was recorded as khatedar of the land bearing old khasra no.1919/1 measuring 1 bigha 2 biswa situated in village Chomu, District Jaipur. The State Government issued a notification u/s.4 of the Land Acquisition Act, 1953 for acquiring 32 bigha 11 biswa land including land of khasra no.1919/1 to install 132 KV gird substation at Chomu. While the acquisition proceedings under process, the said khatedar Kanhaiyalal died leaving behind his widow Smt. Narayani Devi and son Kabbulal. The land was therefore mutated in their name. In the meantime, Smt. Narayan Devi sold the said land to Shyam Sunder Bhatra by registered sale deed dated 12.9.1973. The Land Acquisition Officer awarded compensation to the tune of Rs.1039.50 for acquiring land of khasra no.1919/1 and issued notice to Smt. Narayani Devi to receive the same, who filed an application before him stating that she has sold the land to Shyam Sunder Bhatra, it should be paid to him. In the meantime, an application was moved before the Assistant Settlement Officer, Chomu on 21.3.1990 for correction of entries in respect of khasra no.1919/1 by the appellant-Bajrang Lal Agarwal and Meena Lal Agarwal on the premise that the boundaries of previous khasra no.1912/2 was touching the road from Chomu to Morija. They purchased the land from Rudalal Jogi by registered sale deed. The present khasra numbers of that land was 3849, 3851, 3852 and 3853. This land had wrongly been entered in the khata of Ram Chandra and Mohan Lal and in fact belonged to them. It was also mentioned that Ram Chandra and others have filed a civil suit in this regard in the Court of Additional Chief Judicial Magistrate, Chomu, which is pending. The Assistant Settlement Officer allowed the application by order dated 28.4.1990 and directed that aforesaid land of present khasra no.3849 area 0.11 hectares, 3851 area 0.02 hectares, 3852 area 0.08 hectares and 3856 area 0.08 hectares, total area 0.29 hectares be recorded in the name of Government and also directed that the land of khasra no.3849, 3851 and 3852, total area 0.6 hectares be reduced and entered in the khatedari of aforesaid applicants.

4. Aggrieved by the aforesaid order of the Assistant Settlement Officer dated 28.4.1990, Shri Shyam Sunder Bhatra-respondent no.5, filed appeal before the Settlement Officer, Jaipur on the premise that Assistant Settlement Officer neither issued any notice, nor gave opportunity of hearing to him before passing the aforesaid order. It was also stated in the application that some part of the Chomu to Morija road falling in northern side in khasra no.1919/1 and some part in southern side was left free. This land was never acquired, nor surrendered in favour of the government. Another part of the disputed land on the southern side of the road was comprising in khasra nos.6756, 6761, 6764, 6765, 6766, 6767, 6783 and 6761/7355. These lands were entered in favour of the appellant-Bajrang Lal Agarwal and others and lands of northern side of the road were comprising in new khasra nos.3849, 3851, 3852, 3853, which were covered by the road and were ordered to be recorded in the name of the government. The prayer was made that the order dated 28.4.1990 be set aside and a parcha be issued in favour of Shyam Sunder Bhatra. The Settlement Officer by order dated 30.01.1991 allowed the appeal and remanded the matter to Assistant Settleme