[2026:RJ-JD:4199]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5423/2017

1. Pani Devi W/o Bastiram, By Caste Mali R/o Bera Badliya, Guda Kala Tehsil Sojat Dist. Pali

2. Kanaram S/o Bhopalram, R/o Guda Kala Tehsil Sojat Dist.

Pali

3. Legal Representative Bachna Ram Son Of Deva Ram As Under-

3/1 Verda Ram S/o Bachna Ram, 3/2 Javta Ram S/o Bachna Ram, 3/3 Ghevar Ram S/o Bachna Ram, 3/1 to 3/3 R/o Gulla Kalla, Tehsil Sojat, District Pali.

3/4 Sua Devi D/o Bachna Ram, (wife of Bhunda Ram) R/o Musalia, Tehsil Marwar Junction, District Pali.

----Petitioners Versus

1. Board Of Revenue, Ajmer Through Its Registrar.

2. Sub Divisional Officer, Sojat, District Pali

3. Additional Commissioner, Jodhpur.

4. Tehsildar, Sojat District Pali.

5. Narayan S/o Sh. Pratap, R/o Guda Chutra Tehsil Sojat District Pali.

6. Sarpanch, Gram Panchayat Guda Kala Tehsil Sojat District Pali.

7. Pawan Kanwar W/o Girdhari Singh Rajput, R/o Kerpura Tehsil Devgarh Near Kayal Station District Rajsmand.

8. Kailash Kanwar W/o Banne Singh, R/o Kerpura Tehsil Devgarh District Rajsamand.

9. Arjun Singh S/o Bhim Singh, 10. Ishwar Singh S/o Bhim Singh, 11. Kailash Kanwar W/o Bhanwar Singh, 12. Bhawani Singh S/o Bhanwar Singh, 13. Sugan Kanwar W/o Bhim Singh, 14. Bhanwar Singh S/o Govind Singh, 15. Mangu Singh S/o Govind Singh, 16. Bhikh Singh S/o Khim Singh, 17. Ladu Singh S/o Bag Singh, 18. Kalyan Singh S/o Bag Singh, 19. Dungar Singh S/o Hem Singh, 20. Shyam Singh S/o Hukam Singh, Respondent No. 9 To 20 All Are R/o Guda Chutra Tehsil Sojat District Pali.

21. Gheesu Singh S/o Jodh Singh

22. Nand Kanwar W/o Hukam Singh 23. Narpat Singh S/o Bhanwar Singh 24. Kalu Kanwar W/o Bhanwar Singh, Respondent Nos. 21 To 24 R/o Guda Chutra Tehsil Sojat District Pali.

----Respondents For Petitioner(s) : Mr. Moti Singh.

For Respondent(s) : Mr. Bharat Shrimali.

Mr. S.R. Paliwal, G.C.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

22/01/2026

1. The instant writ petition has been filed with the following prayers:-

“1. Court may be pleased to issue appropriate writ, order, direction quash the judgement and order dated 21.4.2017 (Annexure-7) passed by learned Board of Revenue, Ajmer in Revision No. 1020/2010/PALI Kanaram V/S Narayanram & Ors, and the order dated 11.3.2010 (Annexure-5) passed by learned Additional Commissioner, Jodhpur in appeal No. 155/2006 may kindly be quashed and set aside.

2. Court may be pleased to issue appropriate writ, order, direction confirm the judgement and order dated 15.9.2006 (Annexure-3), passed by learned Sub Divisional Officer, Sojat in mutation appeal no.

3/2005 Narayan v/s Sarpanch & Ors.”

2. Brief facts, as stated in the writ petition, are that the present controversy arises out of mutation No. 23 dated 20.09.1962 sanctioned by the Gram Panchayat, Guda Kala, Tehsil Sojat. After a lapse of about 43 years, respondent–Narayan filed an appeal on 11.08.2005 (Annex.2) before the Sub-Divisional Officer, Sojat, assailing the said mutation on the ground that the Gram Panchayat lacked jurisdiction to sanction mutation in view of Section 19 of the Rajasthan Tenancy Act. The learned SDO registered the appeal subject to limitation and, vide judgment dated 15.09.2006, dismissed the same holding that the appeal was grossly time-barred, no sufficient cause was shown for condonation of delay, mutation proceedings are fiscal in nature, and that rights of recorded khatedars and third-party transferees cannot be unsettled in summary proceedings. Aggrieved, respondent–Narayan preferred a second appeal before the Additional Commissioner, Jodhpur, who allowed the appeal by judgment dated 11.03.2010, observing that the mutation entry suffered from clerical defects and that the Gram Panchayat had no jurisdiction, as the competent authority under Section 19 of the Rajasthan Tenancy Act is the Assistant Collector and mutation could thereafter be sanctioned only by the Tehsildar. Challenging the said order, the petitioners and others filed a revision before the Board of Revenue conte