M.N. Bhandari, J. - (1.) THESE two writ petitions have been filed to challenge two different orders of the Board of Revenue (for short 'the Board') though pertains to the dispute of one and same land and between the same parties. The Board has given conflicting judgments as two appeals were not heard together. To avoid the same, both the writ petitions were heard and decided by this common order.
(2.) IN CW 9730/2012, a challenge is made to the order dated 13.6.2012, wherein, conflicting decision has been given to the earlier judgment dated 30.9.2010 in regard to the same property and that too when Jaipur Development Authority (for short 'the JDA') was party in both the litigations. Brief facts of the case - It is stated that late Shri Imdad Ali Khan was Jagirdar of Village - Galwania, District - Tonk. He was allotted 115.5 bighas of land in lieu of his Khudkast land vide order dated 14.5.1970 under the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (for short 'the Act of 1952'). On allotment of the land, 90 bigha 8 biswa was entered in his name, whereas, remaining 25 bigha 5 biswa land allotted in khasra No. 37 of Village - Hardhyanpura, Tehsil - Sanganer, District - Jaipur did not enter in his name. After the death of Imdad Ali Khan, his son Ejaj Ali, being the only legal heir and having possession of the land so allotted, applied for correction of entry in the revenue records. The first court dismissed the petition for correction of entry thus an appeal was preferred before the Divisional Commissioner, wherein, JDA as well as other allottees of khasra No. 37 were made parties.
(3.) THE Divisional Commissioner, after hearing the parties, allowed the appeal preferred by the petitioner with a direction to enter his name in khasra No. 37 and directions were given to the Tehsildar to carry out the order. Against the order of the Divisional Commissioner, an appeal was preferred by other allottees of khasra No. 37 and subsequent purchaser where JDA was also a party. The said appeal of the private respondents was partly allowed by the Board vide its order dated 30.9.2010. It was found that out of total land of 43 bigha 5 biswa of khasra No. 37, 15 bigha of land was allotted to Smt. Sarju Devi apart from allotment of 10 bigha of land to other persons leaving 18 bigha 8 biswa of land. Accordingly, petitioner -Ejaj Ali was made entitled to the remaining land thus corrections were directed to be made in the record by entering the name of Ejaj Ali. A further direction was given for allotment of remaining land of 6 bigha 17 biswa in khasra No. 38/1. In compliance of the order of the Divisional Commissioner dated 11.5.2010 and the order of the Board of Revenue dated 30.9.2010, 18 bigha 8 biswa of land was entered in the name of Ejaj Ali in khasra No. 37 and remaining 6 bigha 17 biswa of land in khasra No. 38/1.;