IMPORTANT POINT
The court established that khatedari rights must be respected and that revenue authorities must maintain accurate records without unjustified alterations.

ORDER :

(Kuldeep Mathur, J.) :

1. The present Special Appeals have been filed by the appellant laying challenge to the impugned orders dated 7th September 2022 passed by the learned Single Judge in S.B. Civil Writ Petition No.7188/2021 whereby the respondents herein have been declared as the Khatedars of lands situated at village Savina, Tehsil Girwa, District Udaipur falling in khasras no. 587 and 548 (new khasras no. 1631 and 1632).

2. As the pleaded facts would reveal, the land falling in khasra no.587 (new khasra no. 1632) measuring 17.01 bighas located at village Savina, Tehsil Girwa, District Udiapur came to be allotted to the appellant- Urban Improvement Trust, Udaipur (hereinafter to be referred as ‘the UIT’) by the Revenue Authorities treating the nature of the land to be Bilanam. The private respondents being aggrieved by recording of the abovementioned piece of land in the name of the UIT preferred two separate suits in the Court of Sub-Division Officer, Girwa, District Udaipur (SDM) for declaration and permanent injunction under Sections 188, 88, 63(1)(4) & 92-A of the Rajasthan Tenancy Act. In the revenue suit filed by the private respondents it was averred that as per the revenue records, their ancestor Bheru Singh was the owner of 19.1 bighas of land at village Savina falling under khasras no.587 and 548. The land in question was duly recorded in the name of Bheru Singh and thereafter to his successors in the revenue records, however, during the settlement proceedings the khasras no.548 and 587 were converted into new khasras no.1631 and 1632. Due to inadvertence of the Revenue Authorities, at the time of conversion of the khasra no.548 into new khasra no.1632, out of 2 bighas (0.4320 hectre) land of the private respondents only 0.1650 hectre land got recorded in their names. Similarly, the land measuring 17.01 bighas falling under old khasra no.587 was not recorded in their names but the same was recorded as Bilanam and thereafter allotted to the appellant- UIT.

3. The SDM during the pendency of the revenue suits suo-moto called for the record from the Tehsildar concerned and directed him to submit a factual report regarding conversion of all the khasras into new khasras. The Tehsildar concerned in compliance of the directions so issued by the SDM submitted a detailed report wherein it was indicated that some part of the khatedari land of private respondents has been recorded in the revenue record as Bilanam. The revenue suits filed by the private respondents thus came to be dismissed by the SDM vide order dated 02.05.2017 with observations recorded inter alia that the lands falling in khasras no.1631 and 1632 contained large chunks of land and therefore it could be ascertained on the basis of the report of the Tehsildar dated 10.03.2017 as to which part of the khatedari land of the private respondents has been wrongly entered as Bilanam during the settlement proceedings.

4. The order dated 02.05.2017 passed by the SDM came to be challenged by the private respondents in two separate appeals before the Land Settlement Officer cum Revenue Appellate Authority, Udaipur (RAA). After hearing both the parties vide order dated 19.06.2017, the learned RAA allowed the appeals and set aside the judgment and decree dated 02.05.2017 passed by the SDM and remanded the matter back to SDM with a direction to conduct an inquiry to find out as to whether the land belonging to the private respondents falling under khasras no.1631 and 1632 has been recorded in some other khasras or not. The SDM was further directed to pass a fresh order in matter.

5. The private respondents being aggrieved and dissatisfied with the order dated 19.06.2017 passed by the RAA preferred two separate appeals before the Board of Revenue (BOR). The BOR after hearing the parties and perusing the records of the appeals reached to a definite conclusion that the private respondents were having khatedari rights over land falling in khasras no.587 and 548 situated at