Mohammad Rafiq, J. - (1.) REVIEW petition No. 106/2008 has been preferred by Shri Brajraj Singh S/o. late Maharajah Shri Sumer Singhji of Kishangarh, District Ajmer and two others, seeking review of judgment dated 13.03.2008 passed in Special Appeal (Writ) No. 656/2003, which arose out of S.B. Civil Writ Petition No. 3971/2000 filed by Shri Brajraj Singh and four others, thereby upholding judgment of Single Bench dated 10.12.2001 in Writ Petition No. 3971/2000 deciding along -therewith five other Writ Petitions No. 2692/2000, 2693/2000, 2694/2000, 2695/2000 and 2696/2000. Writ Petition No. 3971/2000 was filed on 03.08.2000 to challenge order of Collector, Ajmer, dated 20.02.1976 passed under Sec. 9 -A of Land Reforms & Acquisition of Landowners' Estates Act, 1963 (hereinafter shall be referred to as 'the Act of 1963') in Revenue Case No. 26/76, for acquisition of disputed land comprising of Khasra No. 13/1 (present Khasra No. 78/1) of village Kishangarh -B, Tehsil Kishangarh, District Ajmer, and order dated 23.03.1996 passed by Divisional Commissioner -cum -Compensation Commissioner, Ajmer, in Compensation Case/01/90/Ajmer for determination of compensation under Sec. 15 of the Act of 1963 thereabout.
(2.) REVIEW petition No. 90/2008 has been preferred by Shri Brajraj Singh seeking review of judgment dated 13.03.2008 passed in Special Appeal (Writ) No. 746/2002 arising out of S.B. Civil Writ Petition No. 2696/2000. Writ Petition No. 2696/2000 sought to challenge the order dated 22.05.2000 of Tehsildar, Kishangarh, passed under Sec. 91 of the Land Revenue Act, 1956, declaring possession of petitioner and other legal heirs of late Shri Sumer Singhji, as illegal and further declaring them as trespassers over disputed land and imposing penalty and directing their eviction. It may be at this stage noted that similar order under Sec. 91 of the Land Revenue Act, 1956, on the same date was passed against other legal heirs of late Shri Sumer Singhji, who are (1) Smt. Gita Kumari, (2) Shri Prithviraj Singh S/o. late Shri Sumer Singhji, (3) Suit. Shree Kumari D/o late Shri Sumer Singhji and, (4) Smt. Nandini Kumari D/o late Shri Sumer Singhji, who also filed writ petitions No. 2692 to 2695 of 2000, respectively, referred to supra. All six writ petitions were dismissed by learned Single Judge of this Court vide common judgment dated 10.12.2001 inter -alia on the ground of delay and laches and for failure of petitioners to avail alternative remedy within prescribed period of limitation, in that petitioners failed to explain delay of 24 years in assailing order dated 20.02.1976. We have heard Shri K.K. Mehrishi, learned Senior Counsel, appearing on behalf of review petitioners, Shri G.S. Bapna, learned Advocate General for the State, Shri Karan Singh Bhati, learned counsel appearing on behalf of Smt. Shree Kumari, legal representative of respondent No. 4, and Shri Sudhanshu Kasliwal, learned Senior Counsel for intervener -Airport Authority of India.
(3.) SHRI K.K. Mehrishi, learned Senior Counsel appearing on behalf of review -petitioners, argued that judgment passed by Division Bench of this Court suffers from errors apparent on the face of record. Neither correct legal nor even correct factual position was placed before the Division Bench. Orders that were impugned in writ petitions before Single Bench, were passed under the Act of 1963, which was enforced with effect from 13.04.1964. This Court, vide judgment dated 16.12.1969, declared Chapter IV and VI of the Act of 1963 as ultra -vires of the Constitution and struck down the same. It was thereafter that the Rajasthan Land Reforms & Acquisition of Landowners' Estates (Amendment) Ordinance, 1975 was promulgated by the Governor in January, 1975, which received assent of the President of India on 26.03.1975.;