Arun Bhansali, J. - (1.) THIS writ petition is directed against the judgment dated 24.6.1998 passed by the Board of Revenue ('Board'), whereby the revision petitions filed by Madan Lal as adopted son of Ramdayal has been accepted and mutation No. 543 & 544 dated 23.2.1994 sanctioned by the Naib Tehsildar, Osian, order dated 31.3.1995 passed by the Additional Collector, Jodhpur and judgment dated 4.1.1996 passed by the Additional Divisional Commissioner, Jodhpur have been set -aside and the matter has been remanded back to the Naib Tehsildar, Osian to decide the mutation proceedings afresh after giving opportunity of hearing to the parties.
(2.) BY two registered sale deeds dated 17.2.1994 land out of 27 Bigha 17 Biswa comprising Khasara No. 132 was transferred by Amani W/o Ramdayal to petitioner - Khinya Ram (in SBCWP No. 4129/1998) and petitioner -Chunni Lal (in SBCWP No. 4133/1998) and pursuant to the said sale deeds, the lands were mutated vide mutation No. 543 & 544 in favour of the petitioners. The respondent -Madan Lal claiming himself to be an adopted son of deceased Ramdayal filed appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 ('the Act') against the mutation entries. An objection was raised by the petitioners regarding maintainability of the appeals as the appeals were filed by Bhagwana Ram claiming himself to be a power of attorney holder of Smt. Amani, the transferor of the land in question and defendant No. 2 in the suit. Bhagwana Ram, in -fact, is a natural father of Madan Lal.
(3.) THE Additional District Collector by its order dated 31.3.1995 came to the conclusion that the cause of action was not disclosed in the appeals and appeals for lack of proper presentation were not maintainable and consequently dismissed the same.;