NAGARMAL S/O HEMA MALI (DECEASED) THROUGH HIS LEGAL HEIRS Vs. THE BOARD OF REVENUE FOR RAJASTHAN AJMER

JUDGEMENT

(1.) Aggrieved of the orders dated 22nd December, 2005 and 23rd January, 2006, passed by the Board of Revenue, Rajasthan, Ajmer, the petitioners have instituted the present writ application, with a prayer to quash and set aside the impugned orders aforesaid.

(2.) Briefly, the essential skeletal material facts are that the petitioners instituted a suit for declaration and injunction against the respondent No. 4 to 16, under Sections 88, 91 and 188 of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955'), with reference to Khasra No. 55, measuring 17 Bighas and 17 Biswas, situated in Village Bodlasi, Tehsil Laxmangarh, District Sikar, on the basis of cultivatory possession of the land for more than 30 years. It is pleaded case of the petitioners that from the subject land an area of 300 Sq. yards was converted for non-agricultural purposes, under the Rajasthan Revenue (Conversion of Land in Rural Areas) Rules, 1971 (for short, 'the Rules of 1971'). The order of conversion was made on 18th September, 1990, which was subjected to appeal successfully by the respondents No. 4 to 16, and the matter was remanded back for decision afresh while quashing and setting aside the order dated 18th September, 1990.

(3.) Learned counsel for the petitioners, Mr. Pawan Pareek, reiterating the pleaded facts and grounds of the writ application vehemently argued that the defendants/respondents filed their written statements on 23rd January, 1992 along with an application was also preferred under Order 14, Rule 2 (2) of CPC. The Sub-Divisional Officer, Fatehpur (Sikar), upon hearing the learned counsel for the parties, declined the application vide order dated 24th July, 1995, which was not challenged any further by the respondents. However, another application was instituted under Order 7, Rule 11 CPC and that too was declined by the Sub-Divisional Officer.