Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 9.1.14 of the Board of Revenue, Rajasthan, whereby the reference made by the Additional Collector, Barmer under Section 232 of Rajasthan Tenancy Act, 1955 ( for short "the Act") has been accepted and consequently, the judgment and decree dated 19.5.70 passed by the Assistant Collector, Barmer in Revenue Suit No.150/70 declaring the petitioners as khatedar tenants of the land ad measuring 71 bighas 1 biswa, comprising khasra no.113 situated at village-Hathi Ki Dhani, Tehsil-Barmer, has been set aside.
(2.) The relevant facts in nutshell are that Sanga s/o Bula and Bhura s/o Sanga preferred a suit under Section 88 & 188 of the Act before the Assistant Collector, Barmer, claiming khatedari rights in respect of the land measuring 71 bighas 1 biswa comprising khasra no.113 and land measuring 7 bighas comprising khasra no.131 situated at village-Hathi Ki Dhani, Tehsil-Barmer. The plaintiffs claimed that they are in cultivatory possession of the land since Samvat 2012 i.e. at the time of commencement of the Act, however, on account of error on the part of the Settlement Officers, the land was recorded in the revenue record as gair mumkin oran. In the suit filed, the matter was proceeded ex parte against the State. The trial court observed that that the land in question is adjoining to the plaintiffs' land comprising khasra no.111 and the plaintiffs' dhani is sitauted in khasra no.112 and since the land in question partly remained in cultivatory possession of the petitioners from time to time, their claim for khatedari rights over the land in question, deserves to be accepted. Accordingly, the suit preferred was decreed vide judgment and decree dated 19.5.70. On the application being made by the villagers, the respondent no.4 to 8 herein, claiming that the land in question being gair mumkin oran, no khatedari rights could accrue in favour of the petitioners in view of provisions of Section 16 of the Act, the Additional Collector, Barmer issued notices to the petitioners herein & Tehsildar, Barmer. The Tehsildar, Barmer, who was impleaded as non applicant in the application seeking reference, was later transposed as applicant on the application being made.
(3.) After due consideration, the Additional Collector, Barmer vide order dated 20.2.06 made a reference to the Board of Revenue, Rajasthan for setting aside the judgment and decree passed in favour of the plaintiffs by the Assistant Collector, Barmer. The reference has been accepted by the Board of Revenue by the order impugned and the judgment and decree passed in favour of the plaintiffs by the Assistant Collector stands set aside. Hence, this petition.;