Honble GARG, J.–This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners on 8.9.1988 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 25.10.1985 (Ex.6) passed by the learned Addl. Collector, Jalore (respondent No.2) by which a reference under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ``the Act of 1956) was made to the Board of Revenue, Ajmer (respondent No.1) with the prayer that mutation No.2 dated 15.11.1959 ordered by Sarpanch, Gram Panchayat, Narsana is respect of agriculture land bearing khasra No. 422 measuring 33 bigha 5 biswas situated in village Lunawas in favour of the deceased Sagar Mal and present petitioners be cancelled as it was entered in the revenue record in violation of mandatory provisions of Section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as ``the Act of 1955) and the judgment dated 16.11.1987 (Ex. 7) passed by the Board of Revenue, Ajmer (respondent No.1) by which the reference was accepted and mutation No.2 dated 15.11.1959 was cancelled and the order dated 27.4.1988 (Ex. 8) passed by the respondent No.1 Board of Revenue by which the review petition filed by the petitioners was rejected, be quashed and set aside.

(2). It arises in the following circumstances:-

The petitioners are heirs of one Sagar Mal (hereinafter referred to as ``the deceased). The deceased entered into an agreement for sale of land bearing khasra No. 422 measuring 33 bighas 5 biswas situated at Lunawas Teh. Bhinmal with respondents No.4 to 7 Jepla, Tejia, Ladia (who died during the pendency of thus writ petition and his LRs were taken on record) and Mana respectively, who are sons of one deceased Likhma, who was khatedar of land in dispute, on 28.4.1954 and that land was sold to the deceased Sagar Mal for a consideration of Rs. 140/-. Thereafter, the deceased Sagar Mal was put in possession of the land in dispute in pursuance of the said agreement and he cultivated the land and Girdawari was also entered in his name. The deceased Sagar Mal also filed an application before the Tehsildar, Jaswantpura for mutation of land in dispute in his name.

Thereafter, the respondents No.4 to 7 further executed a sale- deed (Ex.2) of the land in dispute in favour of the deceased Sagar Mal on 31.12.1956 and mutation was also attested in the name of the deceased Sagar Mal and petitioners No.1 and 2 Kaloo Chand and Donger Mal respectively on 15.11.1959.

The Tehsildar, Jaswantpura initiated proceedings under Section 91 of the Act of 1956 against the deceased Sagar Mal and the petitioners No.1 and 2 Kaloo Chand and Donger Mal respectively. These proceedings resulted in favour of the deceased and the petitioners and it was held by the Naib Tehsildar, First, Tehsil Bhinmal vide his order dated 17.7.1971 (Ex.1) that the respondents No.4 to 7 had entered into an agreement for sale of land in dispute with deceased Sagar Mal on 28.4.1954 and they delivered the possession of the land in dispute to the deceased Sagar Mal in pursuance of the said agreement and since the possession of the deceased and the present petitioners No.1 and 2 Kaloo Chand and Dungar Mal over the land in dispute was found lawful, therefore, the proceedings initiated against them under Section 91 of the Act of 1956 were dropped.

The further case of the petitioners is that thereafter, the State Government initiated proceedings under Section 175 of the Act of 1955 against the petitioners as well as the transferors (respondents No.4 to 7) and in these proceedings, a reply was filed by the respondent No.5 Tejia before the Assistant Collector, Bhinmal stating inter-alia that he and his brothers (respondents No.4, 6 and 7) sold the land in dispute to deceased Sagar Mal in 1954 and thereafter, in 1956, the registry was got done in the name of deceased Sagar Mal and since 1955, the deceased Sagar Mal was in possession of the land in disp

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