JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“It is therefore, most humbly and respectfully prayed that this petition for writ is the nature of Mandamus may kindly be allowed. By an appropriate writ, order or direction:

(i) The communication dated 06.04.2022 (Annex-14) issued by the respondent No.1 may kindly be declared illegal and same may kindly be quashed and set aside.

(ii) The order dated 31.05.2022 (Annex-15) issued by the respondent No.3 may kindly be declared illegal and same may kindly be quashed and set aside.

(iii) The respondent authority may kindly be directed to comply with the order dated 28.08.2004 passed by the learned RAA in its true letter and spirit.

(iv) The respondent authority may kindly be restrained from dispossessing the petitioners or taking over the petitioners’ land in question.

(v) The respondent authorities may kindly be restrained from taking any coercive action against the petitioners.

(vi) The respondent authorities may kindly be restrained from utilizing the land of the petitioners for any Government purpose.

(vii) Any other appropriate order or direction which this Hon’ble Court deems fit and proper may kindly be passed in favour of the petitioners.

(viii) Cost of the writ petition may kindly be awarded to the petitioners.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the ancestors of the petitioners and other family members were allotted land of Chak No. 496-150 (RDL), Chak No. 493-350 (RDL), Chak No. 496-402 (RDL) in total 152 bighas at Village Sharah Kunjia, Tehsil & District – Bikaner in Vikram Samvat 1980 (Year -1923), by the erstwhile Princely State of Bikaner.

2.1. After commencement of the Rajasthan Tenancy Act, 1955 and by virtue of the provisions contained in Section 15 AAA thereof, the ancestors of the petitioners and other family members continued to be the recorded Khatedars of the land in question.

2.2. The Department of Irrigation and Colonization vide notification dated 21.12.1958, while exercising the power under Clause-11 of Section 2 of the Rajasthan Colonization Act, 1954 notified that the provisions of the said Act shall apply to Village Sarah Kunjiya. Therefore, the land in question came under the Colonization Department. But de hors the provisions of law, the Assistant Colonization Commissioner, Bikaner vide order dated 24.11.1976, recorded the land in question as Arajiraj.

2.3. Thereafter, against the aforesaid order dated 24.11.1976 passed by the Assistant Colonization Commissioner, the petitioners and other family members preferred an appeal (registered as Appeal No. 23/01) before the learned Revenue Appellate Authority (RAA), Bikaner. The learned RAA vide the judgment dated 28.08.2004 quashed the order dated 24.11.1976 and remanded the matter to the learned Sub-Divisional Officer (North) (SDO), Bikaner for deciding the matter, within a period of three months from the date of judgment, afresh, after giving an opportunity of hearing to all the parties concerned.

2.4. In compliance of the aforesaid judgment dated 28.08.2004 passed by the learned RAA, the leaned SDO registered a case bearing Revenue Application No.163/2006. The learned SDO thereafter, vide order dated 11.06.2009 decided the application, while directing the Tehsildar (Revenue), Bikaner to make entries in the revenue records in favour of non-applicants therein, namely, Asha w/o Magharam, Kalu Ram s/o Magharam, Heeralal s/o Magharam, Bulakiram s/o Magha Ram, Dwarka Prasad s/o Annaram and Sukhdev s/o Mohanlal, as per their respective share in the land in question; vide the said order, the other persons, including the petitioners were granted liberty to claim their khatedari rights by way of filing revenue suit(s) separately.

2.5. In the year 2011, the District Collector, Bikaner directed to record the land in question in favour of respondent-Urban Improvement Trust (UIT), Bika