Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 17.8.12 of the Board of Revenue Rajasthan, Ajmer, whereby the revision petition preferred by the respondent -Sita Ram against the order dated 21.10.02 passed by the Settlement Commissioner, Rajasthan, Jaipur, has been allowed and consequently, the mutation No. 366 dated 14.7.99 in respect of the land ad measuring 16 bighas 3 biswas comprising khasra No. 77, 176, 177 and 421, recorded by the Gram Panchayat, Dhamaniya, in the name of Sita Ram, stands restored. The relevant facts are that Shri Kajod was recorded khatedar of the land in question, situated at Village -Bagthal, Tehsil -Vallabhnagar, District -Udaipur. It is alleged that after death of Kajod, the respondent -Sitaram in collusion with members of Gram Panchayat, Dhamaniya, got entered the mutation of the land in question being No. 366 dated 16.7.99 in his favour. The respondent -Sitaram claimed khatedari rights over the land in question on the strength of Will dated 13.1.97 alleged to have been executed by Shri Kajod in his favour. The petitioners, daughter of Kajod and (heir mother, having come to know about the mutation attested as aforesaid, filed an appeal before the Settlement Officer (Land), Udaipur, taking the specific stand that the Will alleged to have been executed is a forged document, which is not admissible in evidence and cannot be relied upon unless the beneficiary of the Will obtains Probate or Letter of Administration from the court of competent jurisdiction. It was contended that the Panchayat or the Revenue Courts are not competent to pronounce upon genuineness of the Will and therefore, in absence of any declaration from civil court of competent jurisdiction regarding the genuineness of the Will, the same could not have been made basis for effecting the mutation in favour of the respondent herein. According to the petitioners, an FIR was also lodged against the petitioners in respect of the forged Will wherein he was arrested and later enlarged on bail. It was averred that during the investigation in the criminal case, the Investigating Officer has also obtained FSL Report wherein, the Will alleged to have been executed in favour of Sita Ram is found to be forged.
(2.) After due consideration, the appeal preferred by the petitioners was dismissed by the Settlement Officer, Udaipur, vide order dated 13.3.01. Aggrieved thereby, the petitioners preferred a second appeal, which stood allowed by the Commissioner Settlement, Rajasthan, vide order dated 21.10.02 and accordingly, while cancelling the mutation attested as aforesaid, the matter was remanded to Tehsildar, Vallabhnagar, to take appropriate proceedings after due inquiry.
(3.) Aggrieved by the order dated 21.10.02 passed by the Commissioner, Settlement, Rajasthan, the respondent -Sita Ram preferred a revision petition before the Board of Revenue, which stands allowed by the order impugned. Hence this petition.;