- (1.) The instant appeal arises out of the judgment and order dated 28.11.2011 passed in S.B. Civil Writ Petition No.16253/2011, assailing the order dated 04.11.2011 passed by the learned Board of Revenue, Rajasthan, Ajmer (for short, hereafter referred to as 'the Board') passed on an application of even date, filed by the respondent Nos.3, 4 and 5 herein, before it.
(2.) We have heard Mr. K.K. Mehrishi, the learned Senior Counsel assisted by Mr. Anil Sharma, Advocate for the appellant and Mr. Anand Sharma, the learned counsel for the respondent Nos.3, 4 and 5. Briefly stated the facts relevant to be noted, are that late Shri Dhanna, the grand father of the respondent Nos.3, 4 and 5, who was the recorded Khatedar of the land measuring 11 Bighas 11 Biswas included in Khasra No.2358, situated in Village Mundru, Tehsil Shrimadhopur, District Sikar, had verbally sold the same to Shri Madanlal, the father of the appellants, the predecessor in interest of the appellants, on a consideration of Rs.700/- and had handed over the possession thereof to him. Thereafter, Gram Panchayat Mundru recorded the said land in the name of Madanlal by order dated 11.01.1961, passed in Mutation Case No.24/65. After his demise, the appellants continued to be in Khatedari possession of the land.
(3.) A reference was made before the Board of Revenue under Section 82 of the Rajasthan Land Revenue Act, 1956 (for short, hereafter referred to as 'the Act 1956') against such mutation on the ground that the sale on the basis of which the name of predecessor in interest of the appellants was mutated in respect of the land involved, was void in the face of Section 42 of the Rajasthan Tenancy Act, 1955 (for short, hereafter referred to as 'the Act 1955'). The learned Board of Revenue by its judgment and order dated 20.06.1974, accepted the reference being Reference No.92/1972, made by the State of Rajasthan and cancelled the order of mutation dated 11.01.1961 rendered in Mutation Case no.24/65 by the Gram Panchayat Mundru and directed that the disputed land be restored to Dhanna and Kishna Balai, the original Khatedars. This determination made by the learned Board remained unassailed and it was eventually on 16.09.2011 when the respondent Nos.3 to 5 filed an application before the District Collector, Sikar for compliance of the judgment and order dated 20.06.1974 that the District Collector, Sikar forwarded the said application to Tehsildar Shrimadhopur for conducting an enquiry, who in turn, by order dated 30.11.2011, required the concerned Patwari to submit the enquiry report. While the matter set at rest, the respondent Nos.3 to 5 also under Section 9 of the Act 1956 filed an application before the learned Board on 04.11.2011 for mutating the land involved in the revenue records in their favour being heirs of deceased Dhanna, in compliance of the verdict dated 20.06.1974. The learned Board, on this application, registered Case No.7436/2011 and by its order also dated 04.11.2011, directed compliance of the decision dated 20.06.1974 and also ordered against any mortgage, sale or transfer of the disputed land. Being aggrieved, the appellants invoked writ jurisdiction of this Court to set at naught the order dated 04.11.2011.;