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2008 Supreme(Raj) 479

N.P.GUPTA, KISHAN SWAROOP CHAUDHARI
Chhail Singh – Appellant
Versus
State Of Raj. – Respondent


Advocates Appeared
N.S. Acharya, for Appellant
M.R. Singhvi & Sunil Bhandari, for Respondents

Honble GUPTA, J.—This appeal has been filed by the appellants, who are ultimate transferees against the judgment of the learned Single Judge dt. 10.3.2008, dismissing the writ petition, thereby upholding the order of the Board of Revenue Annexure-11 dt. 12.3.1999, whereby the learned Board of Revenue had accepted the reference made by the Collector, Jalore, vide order dt. 17.8.1998, making reference to the effect, that the judgment dt. 30.7.1969 passed by the Assistant Collector, Jalore in Suit No. 4/69 is violative of the provisions of Section 42(b) of the Rajasthan Tenancy Act,1955, hereafter to be referred to as the Act of 1955. According to which the land of Scheduled Caste has been mutated in favour of a person not belonging to Scheduled Caste, and recommended for restoration of the land in favour of the original Khatedars, being the Scheduled Caste persons, who are legal representatives of Padamiya Bhambhi.

2. The brief facts of the case, as appearing from the documents annexed with the writ petition, are, that on 13.2.1969 one Guman Singh Rajput r/o Moodi, Tehsil Jalore filed a suit against one Padamiya s/o Jeeva Bhambhi r/o Paharpura Tehsil Jalore in the Court of Assistant C
















































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