JUDGMENT :

Mahendar Kumar Goyal, J.

1. This intra Court appeal assails the order dated 13.05.2015 passed by the learned Single Judge whereby, the writ petition preferred by the appellant, has been dismissed.

2. The facts, in short, as emerge from record are that the appellant filed a suit for declaration and permanent injunction under Sections 88 and 188 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955") as well as seeking correction of the entry in the revenue record in the Court of Sub-Divisional Officer, Sikar. The appellant averred, as gathered from the judgment dated 19.10.1981, that 11 bighas of land comprising of khasra No. 44/5 in village Samarathpura, District Sikar was allotted to the defendant No. 1, Noparam. It was averred that half portion of this 11 bighas of land was already under his possession, cultivation and khatedari much prior to allotment and rest half was in possession of defendant No. 1. It was submitted that the defendant No. 2, Nolaram was never in possession of land, part of khasra No. 44/5 nor the defendant No. 1 ever sold the land in question to the defendant No. 2; still, in the garb of the erroneous entry in the jamabandi during the settlement proceedings in the name of defendant No. 1, of the half portion under his possession, the defendants were trying to dispossess him. Therefore, the decree as aforesaid was prayed for.

3. The defendants No. 1 & 2 in their written statements admitted the averments made by the plaintiff and prayed for decreeing the suit. Ex-parte proceedings were carried out against the State Government. The suit was decreed by the Court of Sub-Divisional Officer, Sikar vide its judgment dated 19.10.1981. The appeal against the judgment dated 19.10.1981 was dismissed by the Revenue Appellate Authority, Sikar vide its judgment dated 10.12.1991, on the ground of delay only as it was preferred with inordinate delay of about 10 years and the second appeal preferred by the defendant No. 1, Noparam came to be dismissed by the Board of Revenue, Ajmer vide its judgment dated 04.10.1993, having been withdrawn by the legal representatives of the appellant-Noparam. Thereafter, the District Collector, Sikar vide its judgment dated 20.09.2000 made the reference to the Board of Revenue on the application filed by the Tehsildar, Sikar under Section 82 of the Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956") against the judgment dated 19.10.1981. Vide order dated even, the District Collector, Sikar also allowed the application preferred by Toda, legal heirs of Gora as well as Goru under Section 232 of the Act of 1955 seeking reference. The Board of Revenue has, vide its order dated 05.01.2001, accepted and allowed the reference and set aside the judgment dated 19.10.1981, the consequential mutation in favour of the appellant-Vidhyadhar Sunda and directed the Revenue Authorities to enter the land in question in the khatedari of defendants Noparam and Nolaram. The appellant unsuccessfully challenged the aforesaid judgment dated 05.01.2001 by way of writ petition, as stated hereinabove.

4. Assailing the order passed by the learned Single Judge dated 13.05.2015 as well as the order of Board of Revenue dated 05.01.2001, Shri R.K. Agarwal learned Senior Counsel for the appellant contended that the reference under Section 82 or under Section 232 of the Act of 1956 was not maintainable in absence of any public element involved therein as the dispute was private in nature. He submitted that since it was alleged that the judgment dated 19.10.1981 was obtained by fraud and collusion, the aggrieved party could either have filed suit seeking its cancellation or preferred statutory appeal against it and the judgment could not have been set at naught taking resort of reference. Assailing the order of reference, it was asserted by the learned Senior Counsel that there was inordinate delay of about 19 years in making the reference which was fatal and hence, the consequential orders passed