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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
SUDESH BANSAL
Nathu (Deceased) – Appellant
Versus
Board of Revenue, Ajmer – Respondent
ORDER :
1. This is the case of reversal of judgment and decree dated 14.10.2009 passed by the Revenue Appellate Authority, Jaipur in Appeal No.20/2007, in exercise of its jurisdiction as First Appellate Authority, by the Board of Revenue in Second Appeal/TA/903/2010/Jaipur vide its judgment dated 18th July, 2012, which has been impugned by petitioners in the present writ petition, filed under Article 226/227 of Constitution of India. The revenue suit, filed by petitioners for declaring resumption of their Khatedari rights and protection of cultivatory possession, was decreed by Revenue Appellate Authority but came to be dismissed, as a result of impugned judgment, passed by Board of Revenue.
2. The relevant facts, in nutshell, recapitulated from the record are that:-
2.1 petitioners instituted a revenue suit in the month of February, 1999 for declaration of their Khatedari rights and protection of their cultivatory possession over the land of Khasra No.826/866 measuring 1.20 hectare situated at village Vidhani, Tehsil Sanganer, District Jaipur.
2.2 The revenue suit was filed under the provision of Sections 88 and 188 of the Rajasthan Tenancy Act, 1955 (for short “the RTA, 1955”), again
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 ....
Adverse possession cannot be claimed by a General Caste individual over land owned by a Scheduled Tribe individual, as per Section 42 of the Rajasthan Tenancy Act.
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 court emphasized the necessity of fair hearing in administrative proceedings, asserting that no party should be condemned unheard, particularly in property disputes.
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