ORDER :

1. The present writ petition is filed under Articles 226 and 227 of the Constitution of India claiming following reliefs:

“It is, therefore, most humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed and

A. By an appropriate writ order or direction, the order dated 11.05.2012 passed by learned Divisional Commissioner (Annex.6), order dated 25.03.2015 (Annex.7) and order dated 18.04.2016 (Annex.8) passed by the learned Board of Revenue may kindly be quashed and set aside.

B. Further, by an appropriate writ order or direction, the order dated 27.10.2006 (Annex.3) passed by the learned SDM, Tehsil Girwa District Udaipur may kindly be restored and the application under Section 5 of the Limitation Act filed by the respondent State may kindly be dismissed with costs.

C. Any other appropriate writ order or direction, which the Hon'ble Court deems fit, may kindly be passed in favour of the petitioner.”

2. The factual matrix of the case is that the petitioner had been in possession of the land situated in Arazi No.3054 and 3231/3052 of revenue village Titardi, Tehsil Girwa District Udaipur. The said land was earlier recorded in the name of the petitioner and the Sabik Arazi number of the said land was 1127/7. The aforesaid land was wrongly marked as Belanam Government land during settlement and thereafter, the petitioner made an application dated 18.07.2006 for correction in the revenue entries before the Sub Divisional Magistrate (hereinafter referred to as 'SDM'), Tehsil Girwa District Udaipur. Then, the SDM vide endorsement dated 20.07.2006 referred the matter to Patwari concerned.

3. Thereafter, the report dated 08.08.2006 was forwarded by the Up-Tehsildar, in which the Up-Tehsildar stated that the petitioner is in possession of the land in question.

4. After obtaining the report dated 08.08.2006 forwarded by the Up-Tehsildar and going through the material available on record and also after scrutinizing the Milan Khetraphal, and settlement record, the SDM vide order dated 27.10.2006 allowed the application dated 18.07.2006 of the petitioner. In the order dated 27.10.2006, the SDM stated that the settlement department has erroneously recorded the land of the petitioner as Belanam Government Land and ordered that the land in question be recorded in the name of the petitioner.

5. Thereafter, the State Government preferred an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘the Act of 1956’) before the Divisional Commissioner, Udaipur assailing the order dated 27.10.2006 passed by the SDM after a lapse of about three years in 2009. An application dated 13.04.2009 under Section 5 of the Limitation Act, 1963 (hereinafter referred to as ‘the Act of 1963’) was also preferred by the respondent State Goverment. The only ground taken in the application under Section 5 of the Limitation Act is that the respondent State Government was busy in the government work and the copy of the revenue record could not be obtained in time.

6. Thereafter, the Divisional Commissioner vide its order dated 11.05.2012 has allowed the application dated 13.04.2009 filed by the respondent State Government under Section 5 of the Act of 1963 despite the fact that the respondents have failed to disclose any sufficient cause so as to warrant condonation of delay of about three years in filing the appeal.

7. Thereafter, the petitioner assailed the aforesaid order dated 11.05.2012 passed by the Divisional Commissioner, Udaipur before the Board of Revenue in Revision Petition preferred under Section 84 of the Act of 1956 and the Board of Revenue vide its order dated 25.03.2015 has dismissed the Revision Petition filed by the petitioner.

8. Then, the petitioner preferred a Review Petition under Section 86 of the Act of 1956 assailing the order dated 25.03.2015 passed by the Board of Revenue, who in turn vide its order dated 18.04.2016 also dismissed the Review Petition preferred by the petiti