Vijay Bishnoi, J. - (1.) BOTH these appeals are directed against the order dated 13.11.2003 passed by the learned Single Judge in writ petitions preferred by appellant - Ganpal Lal and Ors, whereby the learned Single Judge has dismissed the writ petitions challenging the order passed by the Board of Revenue dated 08.08.1997.
(2.) BRIEF facts of the case are that Tehsildar, Jodhpur, in the year 1977, 1979 and 1980 issued notices under section 91 of the Rajasthan Land Revenue Act, 1956 (for short the Act of 1956' hereinafter) to one Ramchandra -father of the appellants stating therein that he encroached over the Government land of Khasra Nos. 123 and 125 of village Sunthala, Tehsil and District Jodhpur and, therefore, why he should not be dispossessed from the said land or why the penalty be not imposed upon him.
(3.) ON 11.02.1981, the appellants filed a revenue suit in the Court of S.D.O. Jodhpur for declaration of Khatedari rights and for grant of injunction, while claiming that they had cultivatory possession of Khasra Nos. 125 and 123 situated in village Sunthala, Tehsil and District Jodhpur. It was contended that in Khasra No. 125, they had 16 Bighas and 11 Biswas of the land and 9 Bighas of the land in Khasra No. 123. The basis of the claim of the appellants was a Parcha Khatoni pertaining to Samvat Year 2008 corresponding to year 1951 approximately. The appellants have claimed that in the said Parcha Khatoni, name of their father was entered as Khatedar and on the basis of Bigodi receipts, pertaining to Samvat year 2008 corresponding to the year 2022, other revenue records, it is clear that the father of the appellants was Khatedar of 16 Bighas and 11 Biswas of the land of Khasra No. 125 and of 09 Bighas of Khasra No. 123, however, later on the land was wrongly entered as Government land, therefore, they are entitled for declaration of Khatedari rights in their favour and are also entitled for injunction issued in their favour for restraining the State from interfering in their possession over the land in question. In the said suit, the Rajasthan Housing Board was impleaded as party defendant by the order of the trial court and the said suit was contested by it. According to the Rajasthan Housing Board, Khasra No. 123, having an area of 65 Bighas and 85 Biswas and Khasra No. 125, having an area of 54 Bighas and 16 Biswas was recorded as Siwai Chak in the revenue records and the State Government, after acquiring the same, transferred it to Rajasthan Housing Board after chasing premium from it. It was claimed that acquisition proceedings in respect of Khasra No. 123 were completed in the year 1976 and possession of the land comprising of Khasra No. 123 was handed over to the Rajasthan Housing Board on 16.09.1978 and thereafter, mutation was also carried out in favour of the Rajasthan Housing Board on 23.01.1980. It was further claimed by the Rajasthan Housing Board that in respect of Khasra No. 125 of village Sunthala, the acquisition proceedings were completed on 16.07.1980 and the possession of the land comprising of said Khasra was handed over to Housing Board on 13.11.1980 and thereafter mutation was sanctioned in favour of the Rajasthan Housing Board on 11.05.1981. It was also claimed on behalf of the defendant -Rajasthan Housing Board that the appellants never raised any objection regarding the acquisition proceedings, which were concluded on 16.09.1978 and 16.07.1980 respectively and the land of the above mentioned Khasras is in the possession of the Rajasthan Housing Board and, therefore, the claim of the appellants for declaration of Khatedari rights and grant of injunction against the defendants is not maintainable.;