The court emphasized the importance of disclosing all material facts and dismissed the petition due to concealment of material facts and delay.

JUDGMENT

Prakash Gupta, J. - This writ petition has been filed by the petitioners challenging the order dated 7.9.2015 passed by the Board of Revenue, whereby the reference made by District Collector for cancellation of mutation entry in the revenue record, has been dismissed.

2. Learned counsel for the petitioners submits that the reference cannot be dismissed on the ground of delay because no time limit has been prescribed under Section 82 of the Rajasthan Land Revenue Act.

3. Heard. Considered.

4. Admittedly plaintiff Galya filed a suit for recovery of possession before Sub Divisional Officer, which was dismissed vide order dated 24.7.1967. Thereafter a reference was filed. The District Collector, Jaipur vide his order dated 25.1.2005 referred the matter to Board of Revenue for cancellation of the mutation entry. Original plaintiff Galya died and his legal representatives were brought on record. Thereafter, the Board of Revenue vide its judgment dated 7.9.2015 dismissed the reference.

5. It is relevant to mention here that Sajna (one of the legal representative of deceased Galya) had filed S.B. Civil Writ Petition No. 15885/2015 before this Court challenging the order dated 7.9.2015 passed by the Board of Revenue under reference dated 25.1.2005, which was dismissed by the Coordinate Bench of this Court vide order dated 24.11.2015 in the light of the judgment passed by the Division Bench of this Court in the case of Anandi Lal Versus State of Rajasthan & Ors.,1996 2 WLC(Raj.) 36 , which subsequently received approval of the Hon'ble Apex Court in the case of Joint Collector Ranga Reddy District & Anr. Versus D. Narsing Rao & Ors., (2015) 3 SCC 695 . In this way, the order dated 24.11.2015 passed by the Coordinate Bench of this Court attained finality.

6. The petitioners who are also claiming themselves to be the legal heirs of deceased Galya have filed the instant writ petition concealing the order dated 24.11.2015 passed by the Coordinate Bench of this Court passed in the case of Sajna (one of the legal representative of deceased Galya), which has attained finality.

7. Now at the instance of other legal representatives of deceased Galya (the present petitioners), the judgment dated 7.9.2015 passed by the Board of Revenue cannot be challenged in the present writ petition, which has been filed in the year 2019, moreso in view of the fact that the judgment dated 7.9.2015 has already attained finality.

8. For the aforesaid reason, the writ petition fails and on account of concealing the material facts, is hereby dismissed with a cost of Rs. 1,00,000/-, to be deposited in Rajasthan State Legal Services Authority, Jaipur.

9. Stay application also stands dismissed accordingly.