GULAB Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) The petition seeks to challenge the order dated 07.06.2011, passed by the Board of Revenue, Ajmer.

(2.) The facts of the case are that one Bhura died on 10.06.1971 leaving behind his wife Mst. Gulab (petitioner No.1 herein) and daughter Smt. Sita (petitioner No.2 herein). It appears that in respect of lands falling in khasra Nos.60, 61, 156 to 162 measuring 50 bighas 10 biswas and khasra Nos.155, 159 & 62 measuring 6 bighas 16 biswas of Village Pratappura, Tehsil Amer, District Jaipur, Bhura had share. However, following Bhura's death, lands in his khatedari were mutated by the Gram Panchayat Pratappura vide mutation No.51 dated 12.06.1972 in the name of respondent No.4, Rameshwar, the father-in-law of the petitioner No.1, Gulab. The said mutation No.51 dated 12.06.1972 was challenged by the petitioners by way of an appeal before the Sub Divisional Officer, Amer on 06.09.1982. The SDO, Amer vide his order dated 12.12.2001 accepted the petitioners' appeal and cancelled the mutation No.51 dated 12.06.1972 and remanded the case to the Gram Panchayat Jaisinghpura, Tehsil Amer for decision afresh. Against the order dated 12.12.2001, Rameshwar filed a further appeal before the Divisional Commissioner, Jaipur and the Divisional Commissioner was pleased to remand the matter to the Tehsildar, Amer for decision afresh. On the matter coming up before the Tehsildar, Amer, the Tehsildar, Amer noticed the admitted compromise dated 10.11.2004 entered into between the petitioners and Rameshwar and vide order dated 28.04.2006, restored mutation No.51 dated 12.06.1972 in the name of Rameshwar.

(3.) Purportedly, aggrieved of the order dated 28.04.2006, passed by the Tehsildar, Amer on the basis of the compromise between the parties made a part of proceedings withdrawn before the Court of Additional District and Sessions Judge, No.2, Jaipur in a criminal proceeding, the petitioners after having obtained Rs.7 lakhs (Rupees Seven Lakhs) under the compromise moved an appeal before the Divisional Commissioner, Jaipur under Section 75 of the Rajasthan Land Revenue Act, 1956. The Divisional Commissioner overlooking the compromise dated 10.11.2004 between the parties as also the passing of the consideration of Rs.7 lakhs to the petitioners thereunder focused on the purported legal rights of the parties under the Hindu Succession Act, 1956 and vide his order dated 15.04.2009 remanded the matter to the Tehsildar, Amer to pass fresh orders in accordance with law more particularly with reference to the provisions of Hindu Succession Act as would operate on Bhura's death.