ORDER :

1. The present writ petition has been filed by the petitioner challenging the following orders:

(i) order dated 9th April, 2019, passed by the Board of Revenue, Rajasthan, Ajmer dismissing the appeal filed by the petitioner.

(ii) order dated 01st February, 2016, passed by the Revenue Appellate Authority, Jaipur.

(iii) judgment and decree dated 12th June, 2015, passed by the Assistant Collector and Executive Magistrate, Jaipur City-I, Jaipur.

(iv) judgment and preliminary decree dated 02nd June, 2015, passed by the Assistant Collector and Executive Magistrate, Jaipur City-I, Jaipur.

2. Learned counsel for the petitioner submitted that a suit for partition and permanent injunction was filed by the plaintiff-respondent-M/s Land Mark Executive Private Ltd. in the Court of ACM, Jaipur City-I, Jaipur.

3. Learned counsel submitted that the petitioner was arrayed as defendant No. 3 in the suit and preliminary decree was passed on 02nd June, 2015 and the Court found defendant No. 1-Gopal S/o Laduram, defendant No. 3-Bhanwar Lal S/o Shrinarayan (petitioner in the writ petition) and defendant No. 4-Smt. Laxmi Devi W/o Shrinarayan had filed written statement, whereby they also agreed for partition of the property and further, defendant No. 2-Smt. Krishna Devi D/o Shrinarayan did not appear and ex-parte proceedings were drawn against her.

4. Learned counsel for the petitioner submitted that while passing the preliminary decree, the Court below passed an order of partition of property, total measuring 10.800 hectares and the Tehsidar Sanganer was directed to prepare the report as per the partition rules on the basis of metes and bounds and to consider possession of the property by the parties and as such, the Tehsildar Sanganer was directed to undertake necessary exercise.

5. Learned counsel submitted that while passing the preliminary decree, in the order sheet, it was recorded that report of the Tehsildar, after considering the objections, was to be placed before the Court on 15th June, 2015.

6. The petitioner has pleaded in the writ petition that without issuing any notice to the petitioner and other persons, the Tehsildar Sanganer prepared a report dated 11th June, 2015 and also mentioned about pendency of a suit tilted as Krishna Devi vs. Bhanwar Lal before SDO, Jaipur since 09th August, 2004 and the same being transferred to ACM, Jaipur City-I, Jaipur where direction for maintaining status quo of possession and record was issued on 17th August, 2004.

7. The petitioner has pleaded in the writ petition that the Trial Court took up the matter on 11th June, 2015 for passing the decree according to the report of the Tehsildar and matter was fixed for 12th June, 2015 in the Revenue Lok Adalat/Camp Court.

8. The petitioner has pleaded in the writ petition that no-one was present to represent the petitioner on 11th June, 2015 and on 12th June, 2015, the petitioner was not present in the Revenue Lok Adalat and no notice was ever served to him of pre-ponment of date or to appear before the Lok Adalat on 12th June, 2015.

9. The petitioner has pleaded in the writ petition that on 12th June, 2015, an order-sheet was drawn that the report of Tehsildar about objection of division of property has been received and the counsels were present on behalf of the parties and as such, as per objection on partition of property, as decided by Tehsildar, separate judgment and decree was passed.

10. The petitioner has pleaded in the writ petition that the Court below, vide order dated 12th June, 2015, passed the judgment and decree and certain Khasras were allotted to the plaintiff-respondent-M/s Land Mark Executive Private Ltd. and legal heirs of late Shrinarayan S/o Laduram and as such, in place of Shrinarayan, Smt. Krishna Devi D/o Shrinarayan, Bhanwar Lal S/o Shrinarayan (the petitioner in the writ petition) and Smt. Laxmi Devi W/o Shrinarayan, who were legal representatives of Shrinarayan, were allotted total five Khasras measuring 4.0320 hectare of land and furt