- (1.) THE subject matter of challenge, in the instant appeal, is the judgment and order dated 11.7.2011 passed in S.B.Civil Writ Petition No.7741/2008 declining to grant the appellant/writ petitioner the relief, as sought for, to annul the orders dated 24.12.1997 and 25.1.2008 passed by the learned Revenue Appellate Authority, Kota and the learned Board of Revenue, Rajasthan respectively, in the appeals filed by him.
(2.) WE have heard Mr.J.P.Goyal, learned senior counsel assisted by Ms.Manisha Surana for the appellant/writ petitioner and Mr.S.C.Gupta, learned counsel for the respondent No.3. The recorded facts, in brief, are that the appellant/writ petitioner on 5.3.1964, had made an application for allotment of an agricultural land measuring 6 bigha & 8 biswas bearing khasra No.94 (later, renumbered as No.138, 139 & 140) in his name before the Tehsildar, Baran, and on 30.6.1964, the same was allotted to him, and a patta was issued. According to the appellant/writ petitioner, the patta was issued only in his name. He however, has alleged that one Mohan Lal, the father of respondent No.3, who was a patwari in the Tehsil Baran, by practicing fraud, managed to incorporate his (Om Prakash) name also in the patta.
(3.) HAVING come to learn of this manipulation, the appellant/writ petitioner thereafter, made a complaint with the jurisdictional Tehsildar. According to him, Om Prakash, the respondent No.3 also instituted a suit under Sections 88, 89, 90 & 53 of the Rajasthan Tenancy Act, 1955 pleading that the land involved was joint in nature, and that, there was a mutual oral partition thereof several years back, and further, he was in possession of a portion thereof. The suit was eventually dismissed for default.;