Sangeet Lodha, J. - (1.) This writ petition is directed against order dt. 31.05.2013 passed by the Board of Revenue Rajasthan, whereby a second appeal preferred by the State of Rajasthan against the judgment and decree dt. 30.12.2004 passed by the Revenue Appellate Authority (RAA), Jodhpur, setting aside the judgment and decree dt. 10.5.2004 passed by the Assistant Collector, Jodhpur, has been allowed and accordingly, the judgment and decree dt. 10.5.2004 passed by the Assistant Collector, Jodhpur, dismissing the suit for declaration and permanent injunction preferred by the petitioner herein, stands restored. The petitioner filed a suit for declaration and permanent injunction against the State in respect of the land ad measuring 25 bighas comprising khasra No. 66 situated at Nagaur Road. The petitioner claimed that he is in peaceful possession of the land in question since Samvat 2012 and even the recommendations were made by the competent authority for regularisation of his possession. According to the petitioner, he being in possession of the land since Samvat 2012, was entitled to be declared khatedar tenant by virtue of provisions of Sec. 13, 15 & 19 of the Rajasthan Tenancy Act, 1955 (for short "the Act").
(2.) After due consideration of the evidence on record, the -Assistant Collector arrived at the finding that there is no evidence on record showing that the petitioner was in possession of the land since Samvat 2012. It was found that the petitioner encroached upon the land in Samvat 2026 and the proceedings were initiated against him under Sec. 91 of Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956"). The Assistant Collector also arrived at the finding that the land in question belongs to Department of Forest and falls within the Municipal limit of Municipal Council, Nagaur and therefore, the Tehsildar, could not have made the recommendations for regularisation of the land in question. Accordingly, the suit preferred by the petitioner was dismissed by the Assistant Collector vide judgment and decree dt. 10.5.2004.
(3.) Aggrieved thereby, the petitioner preferred an appeal before the RAA, Jodhpur. The RAA arrived at the finding that on the basis of the oral evidence, the possession of the petitioner over the land in question since Samvat 2012 stands proved and there is no evidence on record to show as to when the petitioner was physically evicted from the land in question. The RAA arrived at the finding that since the petitioner is in possession of the land for more than 30 years to the knowledge of the State Government and therefore, he has acquired khatedari rights over the land in question by adverse possession. Accordingly, the appeal preferred by the petitioner was allowed by the RAA vide order dt. 30.12.04 and the suit preferred was decreed as prayed for.;