- (1.) This appeal is directed against the judgment dated 31.07.2003 passed by the learned Single Judge whereby the writ petition filed by the appellant, Municipal Board, Kherli challenging the judgment dated 09.04.2002 passed by the Board of Revenue for Rajasthan, Ajmer(for short 'the Board of Revenue'), has been dismissed.
(2.) Facts of the case, as seen from the pleadings in the memorandum of writ petition, are that the Collector, Alwar vide order dated 08.10.1956 placed all the Nazul lands and lands known as Malkiyat Sarkar situated within boundary limits of Municipal Board, Kherli, at the disposal of the Municipal Board, Kherli. Old Khasra No. 590 measuring 15 biswas; Khasra No. 588 measuring 3 biswas; Khasra No. 590 measuring 1 biswas; Khasra No. 589 measuring 8 biswas and 589 measuring 2 biswas were renumbered and allotted new khasra No. 925 measuring 18 biswas, Khasra No. 926 measuring 2 biswas; Khasra No. 927 measuring 2 biswas situated under the Municipal Limit, Kherliganj in Village Shokhar before the settlement operations. According to the appellant, some part of the land was let out by the Municipal Board to Shankar Lal, the predecessors in title of Respondent No. 3, on rent. Shankar Lal paid rent to the Municipal Board up to 1947. Nature of the land was recorded as Gairmumkin Bagichi, Gairmumkin Abadi, Jayganj. Another part of the land was let out to one Narayan Lal on rent. During the settlement operations, these two parcels of land came to be recorded in the khatedari of Shankar Lal and Narayan Lal. It was thereafter that the SDO, Rajgarh, Alwar moved an application on 21.05.1980 before the Collector, Alwar for making reference to the Board of Revenue seeking corrections of entries in the revenue record. District Collector, Alwar transferred the case to Additional Collector, Alwar, who vide his order dated 03.11.1984, in exercise of his powers under Section 82 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act') made reference to the Board of Revenue for cancelling the aforesaid entries and recording the land in the name of Municipal Board, Kherli. The Single Bench of the Board of Revenue vide its judgment dated 21.11.1984 rejected the entries with regard to the land bearing Old Khasra No. 588 measuring 4 biswas which was renumbered as Khasra No. 925 measuring 3 biswas and Khasra No. 926 measuring 1 biswas total 4 biswas, which was entered in Khevat Khatauni Samvat 2029 in the name of Mohansingh as Khatedar, but accepted reference in respect of remaining land. Aggrieved thereby, the appellant Municipal Board preferred appeal before the Division Bench of Revenue Board, which vide judgment dated 10.04.1991 allowed the appeal and remanded the matter back to Single Bench of Board of Revenue to decide the same afresh after hearing all concerned.
(3.) According to the appellant, Respondent No. 3 thereafter moved an application before the Board of Revenue stating that the reference proceedings have been rendered infructuous because in the meantime, the land has again been recorded in the name of Municipal Board vide Entry No. 1631 dated 25.01.2002 and application of the respondent under Section 90-B of the Act was pending consideration with the Municipal Board. Taking note of that fact that in Jamabandi of Samwat Year 2058 to 2060, the land has again been recorded in the name of Municipal Board, there was no need to decide the matter on merits and the Board of Revenue vide order dated 09.04.2002 rejected the reference as having become infructuous. The Board of Revenue, however, further directed the competent authority to decide the application filed by the respondents for regularisation of the land in accordance with law. Aggrieved thereby, the appellant filed writ petition before Single Bench of this Court. Learned Single Judge vide impugned order concurred with the order passed by the Board of Revenue and also rejected argument of the Municipal Board that Board of Revenue could not have exceeded its jurisdiction in issuing direction to the Municipal Board to consider the application of the respondents for regularisation of the land.;