Govind Mathur, J. - (1.) This petition for writ is directed against the order dated 23-12-1991 passed by Collector, Jalore making reference to the Board of Revenue, Rajasthan, Ajmer under Section :232 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act of 1955") and the order dated 10-8-1992 passed by Board of Revenue, Rajasthan, Ajmer accepting the reference made by the Collector, Jalore under the order dated 23-12-1991.
(2.) Briefly stated the facts of the case are that the land in khatedari of Jiwala and Chhoga, both sons of Khuma by caste Bheel was declared in the name of Phuse Khan by Assistant Collector, Jalore under a compromise decree dated 31-12-1973 passed in a suit under Section 88 of the Act of 1955. The Collector, Jalore made a reference under Section 232 of the Act of 1955 to the Board of Revenue under an order dated 23-12-1991 which was accepted by the Board of Revenue vide order dated 10-8-1992. The Board of Revenue held that in light of.provisions of Section 42 of the Act of 1955 the compromise between Phuse Khan and Jiwala and Chhoga was not permissible being Jiwala and Chhoga members of Scheduled Tribe. Learned Board of Revenue on the count mentioned above accepted the reference and set aside the judgment and decree of the Assistant Collector, Jalore dated 31-12-1973.
(3.) It is contended by counsel for the petitioner that the compromise decree, as a consequence of which name of Phuse Khan was entered in khatedari, was passed on 31-12-1973 and, therefore, the Collector, Jalore acted unreasonably while making a reference under Section 232 of the Act of 1955 by order dated 23-12-1991 i.e. after the lapse of a period of about 18 years.;