MUSAMMAT GULAB Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD learned counsel for the appellants. The challenge in this special appeal is the order of Single Bench dt. 27.03.2012, whereby writ petition filed by petitioners/appellants, against order of Revenue Board dt. 07.06.2011, has been dismissed.

(2.) BRIEFLY stated, the facts of the case are that one late Shri Bhura, husband of appellant No. 1 Mst. Gulab, was having 1/4th share in land in dispute. Shri Bhura died and the land belonging to him was mutated in the name of his father Shri Rameshwar by Gram Panchayat, Pratappura vide mutation No. 51 dt. 12.06.1972. The mutation entry/order was challenged by petitioners on the ground that they were legal heirs of late Shri Bhura. The Sub Divisional Officer, Amer allowed the appeal and cancelled the mutation and remanded the matter to Gram Panchayat for decision afresh. The order of S.D.O. was challenged by Rameshwar before Divisional Commissioner, who remanded the matter to the Tehsildar for fresh decision. Thereafter, a compromise took place between the parties on 10.11.2004, whereby petitioners surrendered their rights in respect of the land in dispute on payment of Rs. 7 Lacs. The Tehsildar noticed the compromise dt. 10.11.2004 and on that basis he restored Mutation No. 51 dt. 12.06.1972 in favour of Rameshwar. The petitioners challenged the order of Tehsildar dt. 28.04.2006 passed on the basis of compromise before Divisional Commission on the ground that compromise was entered into a criminal proceeding, but the same was not binding in the present case. The Divisional Commissioner without considering the compromise dt. 10.11.2004 remanded the matter again to Tehsildar to pass fresh order according to law with reference to provisions of Hindu Succession Act. The respondent No. 4 - Rameshwar challenged the order of Divisional Commissioner dt. 15.04.2009 before Revenue Board. The Board of Revenue vide order dt. 07.06.2011 allowed the revision petition and set aside the order of Divisional Commissioner. The order of Revenue Board was challenged before Single Bench. The Single Bench has dismissed the writ petition of the petitioners. Hence the petitioners have preferred this special appeal.

(3.) WE have considered the submissions of the learned counsel for the appellants and examined the impugned order passed by Single Bench.