JUDGMENT :

Pushpendra Singh Bhati, J.

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.

2. The writ petition has been preferred claiming the following relief :-

"(a) It is therefore humbly prayed that the auction proceedings in pursuance of order dated 06.02.2012 (annexure-9) may kindly be quashed and set aside, and in pursuance of the order dated 17.12.02 (annx. 1), the respondents may kindly be restrained to dispossesses the petitioner from the land in question and also to handover the possession of the said land to the auction purchaser.

(b) That the respondents may kindly be directed to act in accordance with the order dated 17.12.2002 and to make requisite amendment in revenue records in pursuance of the said order."

3. Learned counsel for the petitioner submits that one Ghisulal was the recorded khatedar, to the extent of 1/3rd share i.e. 8 biswa 7 biswansi - 9600 square feet (also referred to as 'land in question), of a land in Araji No. 51 min Rakba 1.05 bigha situated in Revenue Village Charniya Patwar Halka Kamali, Tehsil Devgarh, District Rajsamand.

4. Learned counsel for the petitioner further submits that the said khatedar-Ghisulal move an application under Section 90-B of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'Act of 1956') before the Authorized officer, Land Regularization (Tehsildar), Devgarh seeking to surrender the land in question; whereupon the authorized officer, vide order dated 17.12.2002 passed on the said application, while accepting such surrender of the land, directed that in the revenue record, the said entire land in question be recorded in the name of Municipality, Devgarh.

5. Learned counsel for the petitioner also submits that in the aforementioned application, the said khatedar-Ghisulal also make a reference regarding an agreement to sell made in favour of one Smt. Girija.

6. Learned counsel for the petitioner further submits that in pursuance of the aforementioned proceedings under Section 90B of the Act of 1956, the revenue record was created for the purpose of conversion of the entire 9600 square feet of land in question.

7. As per learned counsel, the dispute arose when the petitioner raised an issue to the effect that the concerned revenue officer erroneously recorded the entire 8.7 Biswa land in question, as Abadi land, whereas only 1.6 biswa of land could have been recorded as Abadi land.

8. Learned counsel for the petitioner further submits that in pursuance of aforementioned order dated 17.12.2002, a lease-deed was issued on 02.04.2003 under Section 90B of the Act of 1956 in favour of Smt. Girija, which was registered on 24.12.2009. It is peculiar to note here that the lease-deed does not contain measurement of the land in question. However, as per learned counsel, the petitioner has purchased the land from Smt. Girija vide registered sale deed dated 18.02.2011, wherein measure of the land purchased was shown as 4608 square feet. Learned counsel also submits that the land purchased by the petitioner was thereafter, put to auction, under certain recovery proceedings against Khatedar-Shri Ghisulal, despite the fact that he had completely surrendered the agricultural land, and the patta was issued accordingly.

9. Learned counsel for the petitioner further submits that thereafter, on 02.05.2012, the petitioner filed an application before the District Collector, Rajsamand, whereupon an inquiry was carried out by the Sub Divisional officer, Devgarh, and thereafter, the report of such inquiry was submitted on 28.08.2012, indicating therein that by mistake only 1.6 biswa land (out of the land in question) could have been recorded in the name of Municipality Devgarh, and the remaining land, in respect whereof no entries could have been made, can be subjected to auction proceedings.

10. Learned counsel for the petitioner also submits that part of the land has wrongly bee