JUDGMENT :

Pushpendra Singh Bhati, J.

1. This writ petition has been preferred claiming the following reliefs:

"(a) an appropriate writ, order or direction be issued quashing the orders passed by the Assistant Collector, Bali, the Revenue Appellate Authority (II), Jodhpur and the Board of Revenue dated 14.12.88, 17.04.93 and 09.06.2000 (Annexures 3, 4 and 5 respectively);

(b) the respondents may be restrained from interfering with the cultivatory possession of the petitioners over the lands in dispute;

(c) in any case, the order passed by the Board of Revenue for dispossessing the petitioners from 16.06 Bighas of the lands may be quashed."

2. The bone of contention in the present case is subletting of half portion of a land (comprising Khasra No. 59 in Village Dhalop, Tehsil Desuri, District Pali), allotted under the landless category to the private respondent-Jeevla (member of the Scheduled Caste category), which was in alleged violation of the provisions of Section 46A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955'); and the consequential orders passed in regard to dispossession of the petitioners from the said half portion of the land, while vesting the entire 16 bigha 06 biswa of land in the State as Siwai Chak land.

3. It is pertinent to note that though the private respondent-Jeevla was also ordered to be dispossessed vide the impugned judgments, but he has not challenged the same, until now.

4. The genesis of the present dispute is traceable to an application preferred by the Tehsildar, Desuri, District Pali on 14.06.1983 before the Assistant Collector, Bali, under Section 175 of the Act of 1955. In the said application, while alleging violation of the provisions of Section 175 of the Act of 1955, it was prayed that the non-applicants (present petitioners) as well as the private respondent may be ordered to be dispossessed from the portion of the disputed land, which was put to subletting by the private respondent to the petitioners, and accordingly, the same may be ordered to be vested in the State.

5. On 27.08.1983, the non-applicants/petitioners filed reply to the aforementioned application preferred by the Tehsildar, and they, while denying all the averments made in the said application, claimed, amongst others, their father's prolonged and continuous cultivatory possession over the land in question since Samwat Year 2010.

6. Thereafter, during the proceedings of the application under Section 175 of the Act of 1955, on the request of the petitioners, the same was converted into a suit.

7. After hearing the parties, the Assistant Collector, Bali, vide the impugned judgment and decree dated 14.12.1988, decreed the suit (application u/s. 175 of the Act of 1955), while directing that the present petitioners alongwith their father and the private respondent herein be dispossessed from the entire land in question. It was also directed that the Tehsildar, Desuri shall take half portion of the said land under his control, while recording the same as Siwai Chak land, until re-allotment of the said half portion of the disputed land is made.

8. Against the aforementioned judgment and decree dated 14.12.1988, the petitioners preferred an appeal before the Revenue Appellate Authority (Second), Jodhpur.

8.1. The Revenue Appellate Authority vide its judgment dated 17.04.1993, while affirming the aforementioned judgment and decree dated 14.12.1988, dismissed the appeal preferred by the petitioners.

9. Being aggrieved by the aforesaid judgment dated 17.04.1993, the petitioner preferred a second appeal before the learned Board of Revenue for Rajasthan at Ajmer, which was also dismissed vide the judgment dated 09.06.2000. However, the learned Board of Revenue modified the judgment and decree dated 14.12.1988 passed by the Assistant Collector, Bali, only to the extent that instead of vesting only half portion of the disputed land in the State, the entire land measuring 16 bigha 06 biswa shall be vested and recorded in f