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IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR.

:::

O R D E R

Lrs of Latif & Ors. Vs. Board of Revenue &

Ors.

S.B. CIVIL WRIT PETITION NO.417/2003

UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA.

DATE OF ORDER

:

18.7.2007

PRESENT

HON'BLE MR. JUSTICE PRAKASH TATIA

Mr.Jitendra Chopra,for the petitioners.

Mr.OP Boob, Addl. GA, for the respondents.

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BY THE COURT:

Heard learned counsel for the parties.

After several round of appeals and remand

ultimately, the Board of Revenue again decided the

second appeal against the plaintiffs-petitioners vide

judgment dated 10.10.1996, hence, this writ petition by

the plaintiffs-petitioners.

Brief facts of the case are that original plaintiffs

Latif and others filed a suit for declaration for the land of

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Khasra no.85 measuring 350 bigha situated in the village

Konra, Tehsil Chouhtan, District Barmer. The petitioners'

claim is that they are in cultivatory possession of the

land in dispute and are entitled to declare as Khatedar

tenant of the said land of Khara no.85 measuring 350

bighas. The suit was dismissed by the trial court – Asstt.

Collector, Barmer vide judgment and decree dated 12^th

July, 1961 on the ground that suit is not triable by the

revenue court. Dis-satisfied with the judgment dated

12^th July, 1961, the plaintiffs preferred a regular first

appeal before the revenue appellate authority, Bikaner

(camp Jodhpur). The revenue appellate authority vide

judgment dated 14^th April, 1962 allowed the appeal and

held that suit is triable by the revenue court and,

therefore, directed the trial court to decide the suit on

merits. After the remand, the Asstt. Collector again

dismissed the suit of the plaintiffs vide judgment and

decree dated 21^st July, 1966. Said judgment and decree

dated 21^st July, 1966 was challenged by filing appeal

before the revenue appellate authority, Bikaner (camp

Jodhpur) who by judgment dated 31^st July, 1967 again

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allowed the appeal filed by them and again remanded the

case back to the trial court for framing fresh issues and

to decide the suit afresh. The trial court – Asstt.

Collector, Barmer vide judgment and decree dated 17^th

Dec., 1969 dismissed the suit filed by the plaintiffs. The

plaintiffs again preferred a regular first appeal before the

revenue appellate authority, Jodhpur, who dismissed the

appeal vide judgment and decree dated 27^th Sept., 1973.

A review petition was submitted to challenge the

judgment and decree dated 27^th Sept., 1973 before the

revenue appellate authority, Jodhpur and that was

allowed by the learned revenue appellate authority vide

judgment and decree dated 21^st June, 1984 and declared

plaintiffs Khatedar tenant of land of Khasra no.85 but for

150 bighas only instead of 350 bighas as claimed by the

plaintiffs. The Gram Panchayat, Konra aggrieved against

the judgment and decree of the learned revenue

appellate authority, Jodhpur dated 21^st June, 1984

preferred further appeal before the Board of Revenue.

The Board of Revenue allowed the appeal of the Gram

Panchayat vide judgment and decree dated 29^th June,

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1978 and set aside the judgment and decree dated 21^st

June, 1984 passed by the revenue appellate authority in

faovur of the plaintiffs. Aggrieved against the judgment

dated 29^th June, 1978 passed by the Board of Revenue

the petitioners preferred writ petition before this Court.

The plaintiffs writ petition was dismissed by this Court in

lemini vide judgment dated 23^rd Jan., 1979. The

petitioners preferred special leave petition before the

Hon'ble Supreme Court and the Hon'ble Supreme Cort

vide its judgment dated 21^st August, 1981 while allowing

the appeal observed as under : -

“We are of the view that when the High Court

found that the Revenue Board had taken into

account extraneous evidence which was not

on the record of the case