JAIPHAL KHAN & ORS. VS. THE STATE OF RAJASTHAN & ORS.

(S.B.CIVIL WRIT PETITION NO.14255/13)

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JAIPHAL KHAN & ORS. VS. THE STATE OF RAJASTHAN &

ORS.

(S.B.CIVIL WRIT PETITION NO.14255/13)

Dated: 10.10.14.

HON'BLE MR.JUSTICE SANGEET LODHA

Mr.Sudhir Sharma , for the petitioners.

1.

This writ petition is directed against order dated 18.10.13

passed by the Board of Revenue Rajasthan, allowing an appeal

preferred by the petitioners under Section 224 of Rajasthan

Tenancy Act, 1955 ( for short “the Act”) against the judgment

and order dated 27.4.04 passed by the Revenue Appellate

Authority (RAA), Barmer, setting aside the judgment and decree

dated 14.8.02 passed by the Assistant Collector, Jaisalmer in

Revenue Suit No.94/99.

2.

The relevant facts are that the petitioners filed a suit under

Section 88 of the Act seeking declaration that the land

measuring 24 bighas comprising khasra no.60/44 situated at

village-Keshuon Ki Basti, Tehsil & District Jaisalmer as their

khatedari land. The khatedari rights were claimed by the

petitioners on the basis of long and continuous cultivatory

possession. The suit was contested by the State by filing a

written statement thereto, taking the stand that the petitioners

were never in continuous cultivatory possession and they are

JAIPHAL KHAN & ORS. VS. THE STATE OF RAJASTHAN & ORS.

(S.B.CIVIL WRIT PETITION NO.14255/13)

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habitual trespasser. On the basis of the pleadings of the parties,

the trial court framed the issues and parties led their evidence.

In support of the claim, the petitioners placed on record copies

of 'khasra parivartansheel' , 'girdawari' and 'jamabandi'.

3.

After due consideration of the evidence on record, the

Assistant Collector arrived at the finding that there is nothing on

record to show that the petitioners were in cultivatory possession

of the land on the date of commencement of the Act. The court

arrived at the finding that the cultivatory possession of the

petitioners over the land in question since Samvat 2012 is not

established on the basis of any cogent evidence on record and

therefore, they cannot claim khatedari right over the land in

question. However, on the basis of material on record, the

court opined that the petitioners remained in possession of the

land question in different years as trespasser. Accordingly, the

suit preferred by the petitioners was dismissed by the

Assistant Collector, Jaisalmer vide judgment and decree dated

14.7.02.

4.

Aggrieved thereby, the petitioners preferred an appeal

before the RAA, Barmer. The RAA arrived at the finding that in

the district Jaisalmer during the State time, the revenue record

was not maintained and therefore, the record prior to settlement

is not available but, on the basis of the documents produced, it is

JAIPHAL KHAN & ORS. VS. THE STATE OF RAJASTHAN & ORS.

(S.B.CIVIL WRIT PETITION NO.14255/13)

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established that the petitioners herein were in possession of the

land for quite sometime and therefore, there is no reason not to

rely upon the oral evidence led on their behalf. Accordingly, the

appeal preferred by the petitioners was allowed and while setting

aside the judgment and decree passed by the Assistant Collector,

the suit preferred by the petitioners was decreed as prayed for.

5.

Aggrieved by the judgment and decree passed by RAA, the

State Government preferred an appeal before the Board of

Revenue Rajasthan. After examination of the evidence on record

in detail, the Board of Revenue opined that the petitioners were

never in continuous possession of the land in question and their

possession over the land since Samvat 2012 is not proved by

any cogent evidence on record and therefore, they are not

entitled for conferment of khatedari rights over the land in

question in terms of provisions of Section 15 of the Act.

Accordingly, while allowing the appeal, the jud