Arun Bhansali, J. - (1.) THIS writ petition is directed against the judgment dated 02.03.1998 passed by the Board of Revenue (Rajasthan), Ajmer, whereby the appeal filed by the respondents - Jagdish and Chandmal under Section 76 of the Rajasthan Land Revenue Act, 1956 ('the Act of 1956') against the judgment passed by the Revenue Appellate Authority, Bhilwara ('the RAA') dated 27.09.1995 was allowed and the judgment passed by the RAA as well as judgment dated 31.03.1993 passed by the Additional Collector, Bhilwara ('the Collector') have been set aside.
(2.) THE Additional Tehsildar, Bijoliya ('the Tehsildar') prepared a Mauka Parcha dated 02.12.1985 regarding land comprised in Aaraji No. 109, 116/101 and indicated illegal mining; notice dated 03.01.1986 was issued to the respondents in this regard and despite service, when they did not appear, by order dated 13.01.1986, it was indicated by the Tehsildar that the respondents had by way of illegal mining extracted 25,000 tonne minerals and forwarded the matter to the Collector under Section 89(7) of the Act of 1956. The Collector by his judgment dated 31.03.1993 after hearing the parties, came to the conclusion that the respondents could not produce any document to indicate valid mining, the report dated 02.12.1984 prepared by the Patwari and Mauka Parcha dated 02.12.1985 prepared by the Tehsildar were not contradicted; the land was recorded as Bila Naam Sarkar and the land in question did not form part of boundaries of Mining Department and, consequently, imposed penalty to the extent of Rs. 12,00,000/ -.
(3.) FEELING aggrieved, the respondents approached the RAA, the RAA by its judgment dated 27.09.1995 rejected the appeal and upheld the findings recorded by the Collector.;