- (1.) By this writ petition, a challenge is made to the orders passed by the Board of Revenue with a further prayer to maintain the order passed by the Revenue Appellate Authority.
(2.) Learned counsel for petitioners submits that land of old Khasra No.1537/2 with new Khasra Nos.7988, 7989, 7990, 7991, 7992, 7993, 8007, 7965/11 984 was recorded in the name of petitioners' father Chhotu as khatedar. The aforesaid is proved from Chak Bandi Samvat 1995 till 2002 and Girdawari Samvat 1995 to 1997. The Settlement department entered the aforesaid land as "charagah" in Samvat 2004-2023. The entries were changed without giving a notice to the khatedar having physical possession of the land. The Tehsildar thereafter issued a notice under Section 91 of the Land Revenue Act on 03.08.1990 and ordered for eviction. The petitioners preferred appeal before the Collector however it was dismissed.
(3.) The petitioners' father then preferred a suit for declaration and permanent injunction before the Assistant Collector, Chaksu. It was to seek a declaration against the change of name of khatedar during settlement proceedings. In all, seven issues were framed for its decision by the original revenue court. The suit was dismissed vide order dated 29.05.2000 on the ground that land in dispute was recorded as pasture land thus petitioners cannot be declared khatedar in view of bar of Section 16 of Rajasthan Tenancy Act, 1955. The petitioners then preferred an appeal before the Revenue Appellate Authority and remained successful therein. It was held that name of khatedar cannot be changed in settlement proceedings in absence of the order of competent authority. It was also held that possession of land lies with the petitioners. The State Government preferred an appeal before the Board of Revenue. It was allowed vide order dated 30.05.2013. Therein, the arguments raised by the petitioners were not considered and decided by taking each issue for proper decision. The petitioners thus preferred a review petition but it was also dismissed vide order dated 04.06.2006.;