SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 30.9.13 of the Board of Revenue, Rajasthan, whereby a revision petition preferred by the petitioner against the order dated 12.4.02 passed by the Additional Divisional Commissioner, Ajmer declining to interfere with the order dated 27.6.01 passed by the Sub Divisional Officer (SDO), Parbatsar, cancelling the mutation of the disputed land made in favour of the petitioner and sanctioning the mutation thereof in favour of the respondent no. 3 herein, stands dismissed.
(2.) The relevant facts are that the land measuring 159.11 bighas comprising khasra no. 106, 109, 110 to 115, 118, 100 to 105, 91, 92, 20, 107, 108, 136 of village-Madhwa was khatedari land of late Shri Nahar Singh, who was survived by a daughter-Smt. Dariyav Kanwar. After the death of Shri Nahar Singh, the land was entered in the revenue record in the name of her daughter on 31.10.80. However, the Sarpanch, Gram Panchayat, Dhadhota proceeded to draw an order in the following terms: ...[VERNACULAR TEXT OMITTED]...
(3.) It is stated that a notice was issued to Dariyav Kanwar but she did put in appearance and therefore, while proceedings ex-parte against her, the Sarpanch, Gram Panchayat, proceeded to pass an order regarding the succession of late Shri Nahar Singh. It was observed in the order that Ummaid Singh, the brother of Nahar Singh has stated that Krishnapai Singh, his brother's son, was adopted by Late Shri Nahar Singh. The statement made by Shri Ummaid Singh is said to have been confirmed by the persons present and accordingly, presuming Krishnapai Singh to be adopted son of Nahar Singh, vide order dated 23.8.81 passed by the Sarpanch, Gram Panchayat, Dhadhota, the land was directed to be mutated in the name of Krishnapai Singh, the petitioner herein.;