The court emphasized the importance of bonafide and sufficient reasons for condoning delay in filing an appeal, ultimately leading to the dismissal of the writ petition.

ORDER

1. Heard learned counsel for the parties.

2. The present writ petition has been filed for quashing and setting aside the order dated 11.03.2016 (Annex.3) passed by the Sub Divisional Officer, Nokha District Bikaner whereby the objections preferred by the petitioner against the application for condonation of delay were rejected and order dated 20.09.2016 (Annex.4) passed by learned Board of Revenue, Rajasthan, Ajmer whereby the Revision Petition filed by the petitioner under section 84 of the Rajasthan land Revenue Act, 1956 was rejected.

3. Briefly the facts necessary to be narrated in short are that the respondent No.3 preferred an appeal against the mutation entry No.187 dated 15.06.1973 before the Sub Divisional Officer, Nokha District Bikaner along with an application under section 5 of the Indian Limitation Act for condonation of delay in filing the appeal. In the application preferred under section 5 of the Limitation Act, the respondent No.3 submitted that the fact regarding mutation entry dated 15.06.1973 came to his knowledge only on 07.01.2015 and thereafter, the matter was inquired and requisite documents were taken from the competent authorities. On coming to know about the names of the persons entered in the revenue record and finding that the name of the respondent No.3 was not reflected, the same was challenged by way of filing an appeal before the Sub Divisional Officer, Nokha District Bikaner. The respondent No.3 submitted that the delay caused in filing the appeal before the S.D.O., Nokha was bonafide and since the mutation entry made on 15.06.1973 was not within his knowledge, he was prevented by sufficient cause from filing an appeal.

4. The petitioner filed objections in the appeal preferred by the respondent No.3 before the Sub Divisional Officer, Nokha District Bikaner on 05.08.2015 contending that the appeal preferred by the respondent No.3 against the mutation entry No.187 dated 15.06.1973 is barred by limitation and no sufficient and good reasons have been given for condoning the delay. The Sub Divisional Officer, Nokha vide its order dated 11.03.2016 rejected the objections filed by the petitioner. Aggrieved against the same, the petitioner preferred a revision petition under section 84 of the Rajasthan Land Revenue Act, 1956 before the learned Board of Revenue, Ajmer but the same was also dismissed by the Board of Revenue vide its order dated 20.09.2016. Aggrieved against the orders dated 11.03.2016 (Annex.3) and 20.09.2016 (Annex.4), the petitioner has preferred the instant writ petition before this court.

5. Learned counsel for the petitioner vehemently submitted that the mutation entry made on 15.06.1973 was sought to be challenged after a delay of 40 years and therefore, the reasons mentioned in the application seeking condonation of delay are frivolous and not sufficient for condoning the delay caused in filing the appeal before the Sub Divisional Officer, Nokha District Bikaner.

6. Per contra, learned counsel for the respondents has supported the order dated 11.03.2016 passed by the Sub Divisional Officer, Nokha District Bikaner and order dated 20.09.2016 passed by learned Board of Revenue, Ajmer.

7. I have considered the submissions made at the bar, gone through the order dated 11.03.2016 passed by Sub Divisional Officer, Nokha District Bikaner, order dated 20.09.2016 passed by learned Board of Revenue and also perused the relevant record.

8. The fact is that the respondent No.3 is heir of Heer Ji and has share in the property but in the revenue record, his name was not reflected. In these circumstances, he preferred an appeal before the Sub Divisional Officer, Nokha District Bikaner after a delay of 40 years on the ground that he was not aware about the mutation entry made on 15.06.1973 and the fact that his name is not reflected in the revenue record.

9. The fact that respondent No.3 filed an application under the Right to Information Act on 20.10.2014 before the Gram Panchayat, Gajrupdesar wa