JUDGEMENT
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(1.) AS per provisions of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957
(hereinafter referred to as 'the Rules of 1957'), 50 bighas
of agricultural land was allotted to Shri Rekhchand under
an order dated 4.7.1961. The allotment was on gair
khatedari basis and was for a period of five years only,
however, the land came to be mutated in the name of one
Shri Khiv Singh on 6.6.1967. After death of Shri Rekhchand,
his wife Smt. Luni Devi purchased the land aforesaid from
Shri Khiv Singh through a registered sale deed dated
19.9.1976.
(2.) THE Collector, Bikaner, under an order dated 13.6.1978 made a reference under Section 82 of the Land Revenue Act to the Board of Revenue, Rajasthan for
cancelling mutation entered in favour of Shri Khiv Singh.
The Board of Revenue answered the reference by an order dated 15.6.1979 and cancelled the mutation concerned and
ordered to record the land in the name of State Government.
(3.) AFTER cancellation of the mutation in favour of Shri Khiv Singh, Smt. Luni Devi submitted an application to
the Tehsildar, Shri Kolayatji for recording herself as
khatedar of the land. The submission of Smt. Luni Devi was
that the land was allotted to her husband Shri Rekhchand
and he was having possession thereon till his death and
after his death she was having possession over the land,
but mutation was erroneously made in favour of Shri Khiv
Singh, thus, after cancellation of mutation entry
aforesaid, she should have been entered as tenant in the
revenue records. It appears that the application aforesaid
was not accepted by the Tehsildar, hence Smt. Luni Devi
preferred an appeal under Section 75 of the Land Revenue
Act before the Sub Divisional Officer (South), Bikaner. The
appeal came to be accepted by the Sub Divisional Officer
(South), Bikaner with a direction to enter Smt. Luni Devi
as khatedar of the land in the revenue records.;
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