- (1.) THE petitioners have filed this writ petition against the judgment dated 3.7.1996 (Annex.13) passed by the Board of Revenue and order dated 4.9.1990 (Annex.9) passed by the Additional Commissioner, Bikaner Division, Bikaner.
(2.) BRIEF facts of the case are that 50 bighas of land of khasra No.330 was allotted to father of petitioners on 13.6.1968 in village Jahjhu, Tehsil Kolayat, District Bikaner on gair khatedari basis for a period of 10 years. After death of father of the petitioners, the said 50 bighas of land was recorded in the name of one Khiv Singh S/o Shri Bachan Singh, resident of Jahjhu, Tehsil Kolayat, District Bikaner and he was declared as khatedari tenant. The mother of the petitioners purchased the said 50 bighas of land from Khiv Singh vide registered sale deed dated 19.5.1976, however, the matter of granting khatedari rights to Khiv Singh was subjected to reference made by the District Collector under Section 82 of the Rajasthan Land Revenue Act, 1956 and the Board of Revenue vide order dated 15.6.1979 accepted the said reference and held that khatedari rights have wrongly been granted to Khiv Singh S/o Bachan Singh and the mutation sanctioned in favour of Khiv Singh was cancelled. After cancellation of the mutation sanctioned in favour of Khiv Singh way back on 6.6.1967 by the order of Board of Revenue dated 15.6.1979, the mother of the petitioner moved an application before the Tehsildar Kolayat on 15.10.1981 and she stated that the 50 bighas of land was earlier allotted in the name of her husband Rekh Chand, however, after death of late Rekh Chand in the year 1967, the said land was recorded as khatedari land of Khiv Singh, but as the mutation, sanctioned in the name of Shri Khiv Singh, is cancelled, the legal representatives of late Rekh Chand may be recorded as khatedar tenant of the said land.
(3.) THE said application preferred by the mother of the petitioners was allowed by the Sub -Divisional Officer (South), Bikaner vide order dated 27.7.1984 and he has ordered that the mother of the petitioners and the petitioners be recorded as khatedars of 50 bighas of disputed land.;