- (1.) THIS appeal is directed against order dated 10.09.2012 passed by the learned Single Judge, whereby, the writ petition filed by the petitioners has been dismissed in limine.
(2.) THE facts in brief may be noticed thus: the petitioners were allotted 14 bigha land comprised in Khasra No.651 in village Balunda for a period of one year by order dated 15.07.1966 passed by Tehsildar, Jaitaran; the nature of land was indicated as 'Gair Mumkin Nadi' (uncultivable river); it is claimed by the petitioners that since the allotment in the year 1966, they are in possession of the said land; it appears that on a complaint made by one Ram Sukh ('the complainant'), the Tehsildar, Jaitaran by order dated 06.01.2004 treating the petitioners as trespassers on the land comprised in Khasra No.651 i.e. Gair Mumkin Nadi directed the Patwari to dispossess them and report to him. Being aggrieved, the petitioners preferred an appeal before the District Collector, Pali under Section 75 of the Rajasthan Land Revenue Act, 1956 ('Land Revenue Act'), who by order dated 13.03.2004 accepted the appeal, set aside the order dated 06.01.2004 and directed the Tehsildar to regularize the disputed land in terms of the circulars of the State Government and if the same is not liable for allotment/regularization, then to pass order after hearing the parties.
(3.) THE complainant Ram Sukh questioned the order passed by the Collector before the Revenue Appellate Authority, who by order dated 09.06.2005 partly allowed the appeal and modified the order dated 13.02.2004 passed by the Collector and directed that the petitioners herein be granted time to get the land use changed and thereafter the Tehsildar may decide the case.;