Hon'ble CHAUHAN, J.—The petitioner has challenged the order dated 06.07.1994 passed by the Additional Collector whereby a reference was made to the Board of Revenue with regard to mutation which was opened in favour of the petitioner. The petitioner has also challenged the order of the Board of Revenue dated 28.04.1995 whereby the reference was allowed and the mutation made in favour of the petitioner was set aside and the land was directed to be mutated in the name of Mandir Shri Madangopalji Maharaj Virajman Moja Bahrawali.

2. The brief facts of the case are that the land situated in village Bahrawali, Tehsil Roopbas, District Bharatpur bearing Khasra Nos.142, 156, 163, 140, 159, 160, 161, 246, 245, 157, 158, 162 and 163 were shown as a “muafi land” of Pandit Gordhan Singh as far back as Samvat Year 1978-79. However, in the year 1945, the said land was shown in the revenue record, in the name of Mandir Gopalji Maharaj and in the name of petitioner's father, Prabhu, as “Ghair Morusidar Pattedar” (sub-tenant). On 20.06.1957, Prabhu applied to the SDO for confirmation of khatedari rights under Section 19 of the Rajasthan Tenancy Act. Vide order dated 24.05.1958, the SDO allowed the a

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