HARI KRISHNA MANSINGHKA Vs. STATE

JUDGEMENT

(1.) Vide order dated 07/07/2008, this Court observed to dispose of matter finally at admission stage; hence at request, matter has been finally heard.

(2.) In instant petition, grievance of petitioner is that respondents be directed to implement decision dated 23/05/02 (Ann.1) of Local Settlement Committee duly constituted by State Government for settlement of disputes in exercise of powers U/s 78(1) read with Section 297 of Rajasthan Municipalities Act, 1959 ("Act, 1959"); and respondent Nos.1 and 2 be restrained from holding any inquiry in regard to legality and validity of decision of aforesaid Committee.

(3.) As further alleged in the petition, Raghunath Singh Mansinghka (father of petitioner) was Khatedar tenant of land comprised in Old Khasra No. 866 measuring 27 bighas, 5 biswas, 10 biswansi - new Khasra No. 1086/1 measuring 29 bighas, 1 biswa and 26 other Khasra numbers situated in village Baral-II of erstwhile Tehsil Beawar presently in Tehsil Masuda district Ajmer. His father expired on 03/04/1973, consequently, lands of his father's khatedari were mutated through mutation No. 107 dated 05/07/87 in the name of petitioner and his brothers (Ramrichpal and Vijay Singh). But petitioner filed a suit (No. 33/89) for declaration and division of holdings against his brothers before Sub-Divisional Officer, Beawar wherein compromise decree was passed on 26/05/1989 in execution whereof, mutation No. 192 of Village Baral-II was made and consequently, lands comprised in Khasra No. 1086/1 measuring 29 bighas 1 biswa was got entered in khatedari of petitioner and since then being khatedar tenant, he continued in possession of the land (supra).