JUDGMENT :

1. The present writ petitions are listed in the “Orders Category” but with the consent of the learned counsel for the parties, these petitions are heard for final disposal.

2. Both these writ petitions arise out of the judgment and decree dated 02.12.2000 passed by the learned Assistant Collector and Executive Magistrate (HQ), Jodhpur which were allowed and decreed in favour of the plaintiffs-respondents. The validity of this judgment and decree was assailed before the Revenue Appellate Authority, Jodhpur. The Revenue Appellate Authority, Jodhpur vide its judgment dated 23.09.2002 dismissed the appeal preferred by the petitioner – Rajasthan Housing Board which was further challenged by the petitioner before the Board of Revenue, Rajasthan, Ajmer but that second appeal too was dismissed by the Board of Revenue, Rajasthan, Ajmer vide its judgment dated 02.01.2014. Aggrieved of the three orders passed by these courts, the present writ petitions have been preferred.

3. Since the writ petitions arise out of the common judgments passed by three courts below and the subject matter being common, both these writ petitions are disposed of by this common order.

4. For convenience, the facts are being extracted from SB Civil Writ Petition No. 2476/2015 (Rajasthan Housing Board Vs. Hema Ram & anr.)

5. Succinctly stated the facts of the case are that the dispute relates to the land comprising of Khasra Nos. 134 and 135 measuring approximately 804 bighas and 3 biswas situated in village Sunthla, and Khasra Nos.853/1/751, 846/751, 853/751 and 855/751 measuring 547 bighas 2 biswas of land situated in village Jodhpur. On 04.08.1979, the State Government issued a Notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred as “the Act of 1953) for acquisition of land measuring 804 bighas 3 biswas situated in Village Sunthla comprising of Khasra Nos.134 and 135. Thereafter, on 08.2.1980, after considering the objections received under Section 5A of the Act of 1953, a declaration under Section 6 of the Act of 1953 was made. Thereafter, on 16.07.1980, an award was passed by the Land Acquisition Officer. On 13.11.1980, the paper possession of the land was handed over to the Rajasthan Housing Board by the Land Acquisition Officer but the actual physical possession was not taken. Subsequently, on 11.5.1981 the mutation of the land comprising of khasra Nos. 134 and 135 of village Sunthla was made in favour of the Rajasthan Housing Board.

6. Likewise, on 23.05.1983, the State Government again issued a notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 for acquisition of land measuring 547 bighas 2 biswas situated in Village Jodhpur including the land comprising of Khasra Nos. 853/1/751, 846/751, 853/751 and 855/751 including the land of the private respondents. Thereafter, on 9.4.1986, while dispensing with the enquiry made under Section 5A of the Rajasthan Land Acquisition Act, 1953 a declaration was issued under Section 6(1) of the Act of 1953. On 28.12.1988, again an award was passed by Land Acquisition Officer for the land comprising of Khasra Nos. 853/1/751, 846/751, 853/751 and 855/751 situated at village Jodhpur. The paper possession of the land was handed over to the Rajasthan Housing Board by the Land Acquisition Officer but actual physical possession was not taken by the Board.

7. During the process of land acquisition proceedings, on 26.6.1985, the plaintiff-respondent No.1- Hema Ram filed a suit against the State Government before the Sub Divisional Officer, Jodhpur for declaration of the khatedari rights of the land in dispute situated in village Jodhpur and Sunthla respectively and sought a declaration of permanent injunction to restrain the defendants-petitioners not to interfere in his possession, as he is in the possession of the said land since the Samvat year 2000 and he has been regularly paying the Bigodi in his capacity as Gair Bapidar and with the coming into force