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1996 Supreme(Raj) 355

MUKUL GOPAL MUKHERJEE, BHAGABATI PRASAD BANERJEE
State of Rajasthan – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Hemant Choudhary, for Appellant G.R. Punia & M.C. Bishnoi, for Respondents

Honble MUKHERJI, ACTG. C.J. – This appeal is filed by the State of Rajasthan through the Secretary, Revenue Department impugning a judgment and order dated December 12, 1995 whereby a learned Single Judge dismissed the writ application filed by the State of Rajasthan under Article 226 of the Constitution of India seeking to quash an order of the Board of Revenue dated November 5, 1990 as well as a decree passed by the Assistant Collector, Nawa dated September 21, 1985. The learned Single Judge dismissed the writ application mainly on the ground of delay and further held that there was no infirmity in the order passed by the Assistant Collector as upheld by the Board of Revenue. Hence the special appeal before us.

(2). Admittedly, the land as recorded Khasra No. 622 measuring 2836 bighas 9 biswas situated in village Nawa was entered as a government land in the revenue records, out of which a portion of 3 bighas was allotted to one Lalaram in Smt. year 2018 for three years. The settlement was given on account of the said Lalaram being a landless person. On the basis of Jamabandi entries the said Lalaram sold this three bighas of land to respondent No.2 Nena Ram son of Mangilal Jat on






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