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GANESH RAM MEENA
Kailash Bunkar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Ganesh Ram Meena, J.
The petitioners have preferred the present writ petition with a prayer to direct the respondents to sanction the mutation in favour of the petitioners in compliance with the decision dated dated 27.05.2015 passed by the Board of Revenue, Rajasthan, Ajmer (for short 'the Second Appellate Authority') in Appeal No.5501/ 2012/ Jaipur (Kailash & Ors. v. State of Rajasthan & Ors.).
2. The brief facts of the case are that Sualal and Shrawanlal both sons of Gyarsilal @ Balya filed a suit No.471/2002 for declaration of khatedari rights and permanent injunction before the Court of Sub Divisional Officer, Amber (for short 'the trial court') with the averments that the family members of the plaintiffs Moti @ Motya s/o Laxman adopted Shri Gyarsilal @ Balya, father of plaintiffs Sualal and Shrawanlal. Moti @ Motya expired in the year 1962 and Gyarsilal @ Balya also expired in the year 1979. The land bearing Khasra No.173 measuring 8 Bigha 8 Biswa and Khasra No. 174 measuring 3 Bigha 10 Biswa (for short 'the land in question') were in cultivatory possession of Shri Gyarsilal @ Balya- the father of the plaintiffs and the grandfather Moti @ Motya since the time of Jagirdar
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
Mutation entries in revenue record are only for a fiscal purpose and do not create any title/ownership right in favour of person in whose name mutation entry has been made.
The central legal point established in the judgment is the importance of not substituting the court's own conclusions for those reached by the lower courts, especially when there are concurrent findi....
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