Hon'ble SHARMA, J. - (1.) THIS writ petition has been filed against the order impugned dated 28.10.2010 passed by the learned Board of Revenue, Ajmer in appeal No. 6341/08 with the following prayer:- By an appropriate writ of certiorari, order or direction in the nature thereof, thereby the impugned order dated 28.10.2010 passed by the learned Board of Revenue may kindly be quashed and set aside and the order dated 7.3.2008 passed by the Revenue Appellate Authority may kindly be restored and upheld.
(2.) THE facts in brief giving rise to this writ petition are that the agriculture land bearing Khasra No. 390/1 (old) Khasra No. 390/1/1, 390/1/2 and 390/1/3 measuring 232 bigha 3 biswa situated at Village Sambhar Lake, Tehsil Phulera District Jaipur was originally recorded in the name of Gyarsa son of Govind Ram. THEreafter, after the death of Gyarsa, Kishan Lal was succeeded, who, vide registered sale-deed dated 25.2.1961, sold the land measuring 20 bigha 3 biswa to Goma Ram, Nathuram and Mangla Ram. Learned counsel for the petitioner submits that the respondents No. 4 to 7 namely; Nathu, Mangla Ram, Gopal and Banwari are the owner of the land on the basis of the registered sale deed dated 25.2.1961 and they have got every right to alienate the said land. The aforesaid respondents vide agreement to sale deed dated 19.6.2006 sold piece of land measuring 75 x 50 totaling 3750 sq. yds. of land to the petitioner and handed over possession to the petitioner. In lieu of the order passed by the Sub Registrar Sambhar Lake, the petitioner had deposited Rs.89,000/-. On the basis of the above registered sale deed, the petitioner filed a suit for partition and declaration of his khatedari rights in respect of purchased land in the Court of S.D.O. Sambhar Lake on 28.12.2006. The Sub Divisional Officer after hearing the parties dismissed the suit of the plaintiff vide its judgment dated 31.12.2007. Against which, the petitioner preferred an appeal before the Revenue Appellate Authority, Jaipur which was allowed vide judgment dated 7.3.2008 setting aside the judgment and decree dated 31.12.2007 passed by the S.D.O., Sambhar Lake and the petitioner was declared khatedar tenant in respect of the land measuring 3750 sq. meter out of Khasra No. 390/1/3.
(3.) AGAINST the aforesaid order dated 7.3.2008, respondent No. 3 Babu Lal Acharya preferred a second appeal before the Board of Revenue along with an application under Section 96 C.P.C. for granting permission to file appeal along with an another application under Section of the Limitation Act. It was further submitted that the Board of Revenue after hearing the parties came to the conclusion that as the present respondent No. 3 (appellant) is not a person aggrieved therefore, refused to grant permission to file above appeal but at the same time, partly allowed the appeal vide judgment dated 28.10.2010 by exercising its power of superintendence and set aside the judgment dated 7.3.2008 passed by the Revenue Appellate Authority and restored the judgment and decree dated 31.12.2007 passed by the S.D.O. Sambhar Lake. Against the order dated 28th October, 2010, passed by the Board of Revenue, this writ petition is preferred by the petitioner. ;